Our Terms
1. Introduction
Ezer4u.com (the "Company") is the operator of the Ezer4u.com service (the
"Service"). The Service is an interactive web designing company and can also maintain and up date
your web site. Some ("Third Party Providers") services are free, but Ezer4u will charge
a fee ( one time ) for the instillation of that service an some pay services. By completing
enrollment and accepting all of the terms of this Agreement, you become an authorized
user (a "Member") of the Service. Continued acceptance of this Agreement is a condition of
membership. If you do not wish to be bound by this Agreement, please do not enroll. The
Company may change this Agreement at any time, and changes are effective with out notice
to Members. If you do not accept the change, you must immediately terminate your use of
the Service. By continuing to use the Service, you accept each change. The Company may
at any time, without notice or liability, change, eliminate or restrict the use of, any features or
functions of the Service or limit or change the operation of any feature or function of the
Service.
Any information, products and services available on or through the Internet, other than
information, products and services clearly identified as being supplied by the Company, are
provided by other Internet users or independent providers,
("Third Party Providers") and each Third Party Provider owns, maintains and supports its information, products and
services. The availability and contents of an Internet site are the responsibility of the Third
Party Provider of such site. You acknowledge that portions of the Internet may contain
language, pictures or other materials which some individuals may find offensive,
inflammatory, of an adult nature, or otherwise objectionable. Such contents are the sole
responsibility of the applicable Third Party Provider. The Company has no responsibility for
or control over such materials and disclaims any and all liability for, and knowledge of, their
contents. Your access to such materials is at your own risk. It is your responsibility to use
as you see fit Internet access control software of your choosing to limit access to the
Internet by any minors that you may permit to use your account. Minors who access the
Service are assumed to have parental or guardian consent before accessing the Service.
3. Member Responsibilities
You are responsible for complying with all terms and conditions of this Agreement. You
must be an adult and an individual to use the Service. By accepting this Agreement, you
confirm you are an adult of at least 18 years of age. You are personally responsible for all use
of the Service under your Service account even if you allow someone else to use your
Service account. Using your Service account for illegal, fraudulent or abusive purposes is
grounds for termination of membership, and may be referred to law enforcement authorities.
You are responsible for paying for information, products and services ordered from the Company or from Third
Party Providers through the Service. The Company is not a party to any transaction between you and a Third
Party Provider, and the purchase, payment, warranty, guarantee, delivery, maintenance and all other matters
concerning information, products and services ordered from Third Party Providers are solely between you and
the Third Party Provider. All member-related information that you provide to the Company must be accurate, including your name, address, credit or charge card numbers and expiration dates and any Service payment information. You are responsible for keeping such information up to date. You must promptly inform the Company if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your Service account, password or any credit or charge card number provided to the Company if any at enrollment. Until the Company is notified of a breach of security (by notice given as described in Section 7), you will remain responsible for any unauthorized use of your Service account. (Liability for use of credit or charge cards is subject to your agreement with the card issuer.) The Service is provided for your personal use and busses use only. Unless you have the Company's express written consent, you may not commercially exploit it, or assign or transfer your membership to anyone else. All aspects of the Service, except that portion provided by Third Party Providers, is copyrighted property of the Company.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY EZER4U.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF OR IN CONNECTION WITH: (I) ANY BREACH OF THIS AGREEMENT BY YOU, (II) YOUR USE OF THE SERVICE, SOFTWARE PROVIDED BY THE COMPANY AND ITS SUPPLIERS, AND THE INTERNET; AND, (III) ANY IMPROPER OR ILLEGAL USE BY YOU OR ANYONE WHO USES YOUR ACCOUNT WITH YOUR DIRECT OR INDIRECT PERMISSION.
4. Fees and Payment
You are responsible for paying all fees and charges (plus applicable taxes) associated with use of the Service under your ID, including those incurred for premium, extra-fee features or options. You agree to pay Ezer4u.com
the total amount due in ( 2 ) Two easy payments within two (2) months from the time
we start your service. If payment is not received , you service
will be interrupted until payment has been received. After ( 3 ) three days there will be a
reconnection fee of $ 45.00 to restore your service plus your payment.
The Company may, upon notice required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. Unless otherwise stated, all amounts are in US Dollars.
If you believe you have been billed in error for any aspect of the Service, you must challenge it within 30 days of the billing date by contacting and expressly informing Customer Service. The Company will not issue refunds, in whole or in part, after the expiration of this 30 day period.
Your service will not start until your founds have post to our account.
5. Termination of Membership
Either you or the Company may terminate the membership at any time and without cause. The only right with respect to dissatisfaction with any policies, guidelines or practices of the Company in operating the Service, any change in features or functions, or any change in the amount or type of fees and charges associated with the Service, is for you to terminate the membership by notice to the Company. Under our monthly plans, if after the first thirty days of your membership you voluntarily cancel your account, no refund, including any membership fees or portions thereof, shall be granted. Charges for premium or extra fee features, supplemental access charges and phone company charges cannot be refunded at any time. You will be charged for any extra fee features you subscribe to or use during that period's billing cycle. If you enroll in a pre-paid annual membership plan, you may cancel your plan, but you will only be entitled to a refund as is specified under the terms and conditions of that
plan. The Company may terminate your membership, or suspend any individual Member's access to the Service, without notice, for conduct that the Company believes is a violation of this Agreement or any policies or guidelines posted by the Company on the Service, or for other conduct that the Company believes harmful to other Members, to Third Party Providers or to the Service or the business interests of the Company. If you file a claim against the Company, or a claim which in any way involves the Company, then the Company may terminate your membership. Upon termination of your membership by the Company for any reason, you shall not establish a new membership in any Ezer4u.com service, for five years from the date of termination. Upon termination of your membership, the Company shall have no obligation to notify any third parties nor shall the Company be responsible for any damages that may result or arise out of termination of your membership. Termination or suspension by the Company of service to a Member also constitutes termination or suspension (as applicable) of that Member's license to use the Software. You agree to let Ezer4u.com to put an ad link on all of your web
pages and if you try to distort an any way our link back, the "Company" may terminate your membership
and or hosting service with out notice. The ad link looks like this "Designed by Ezer4u.com", or
"Powered by Ezer4u" and may change at any time, If you do not wish to be bound by this Agreement, please do not
enroll with our service. (note: we link you to our site, we
would like the same in return)
6. Information on the Service
THE COMPANY DOES NOT ENDORSE, ASSERT OR STAND BEHIND THE TRUTHFULNESS OR RELIABILITY OF OPINIONS, ADVICE OR STATEMENTS GIVEN OR MADE BY ANYONE OTHER THAN AUTHORIZED COMPANY SPOKESPERSONS IN ANY MANNER ON OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, IN PUBLIC POSTINGS AREAS OF THE SERVICE. EXPERTS, INFORMATION PROVIDERS AND "MEMBER REPRESENTATIVES" ON THE SERVICE ARE NOT AUTHORIZED COMPANY SPOKESPERSONS.
Opinions, advice and all other information expressed by anyone on the Service, including information providers
under contract with the Company ("Information Providers") represent their own views and not those of the
Company, and should not be relied on for important personal decisions. For individual situations, specific
professional advice should be sought.
The Company will only use or disclose information specifically about you as is permitted by this Agreement, by the Ezer4u Privacy Policy, or by law. From time to
time Ezer4u may record information about your computer, communications equipment and operating systems software. Ezer4u, or other organizations carefully selected by Ezer4u, will use this information on an individually-identifiable basis only to ( 1 ) analyze how current or future Service features may operate on your equipment; ( 2 ) monitor or improve the performance of the Ezer4u service on your equipment; or ( 3 ) tell you about enhancements and offerings that may become available to you. Ezer4u may use or disclose aggregated (not personally identifiable) information regarding Members for any purpose.
The Service lets you share information with other Members as well as with users of the Internet who are not Members. You agree not to use the Service to send, store, or submit for public posting any obscene, sexually explicit, or illegal material (including material the transmission of which violates any applicable law) or material which violates Internet standards or customs. The Company reserves the right (but is not obligated) to review and remove any material submitted for display or placed on the Internet, excluding private email. The Company may remove from the Internet any material that the Company believes violates this Agreement, any policies or guidelines posted by the Company on the Service or any Internet standards or customs, or is harmful to other Members, to Third Party Providers, or to the Service or the business interests of the Company. You are responsible for material sent through or displayed on the Service under your Service account, even if a claim should arise after termination of your membership.
A "public postings area" of the Service is any area where Members may submit material ("Submissions") for viewing by other Members or by non-Members using Internet facilities, and view Submissions by other Members or by non-Members using Internet facilities, including but not limited to, bulletin boards or chat rooms, and similar Internet facilities, even if such area is not available to all Members. You agree to use public postings areas only in accordance with this Agreement, any policies and/or guidelines for the area that are displayed on the Service and Internet standards or customs.
You may not submit copyrighted material to public postings areas without the specific authority of the copyright owner; doing so is a breach of this Agreement and may subject you to legal liability. BY SUBMITTING MATERIAL TO A PUBLIC POSTINGS AREA, YOU AGREE TO INDEMNIFY THE COMPANY, AND ITS INFORMATION PROVIDERS, THEIR EMPLOYEES AND CONTRACTORS, AND HOLD THEM HARMLESS FROM ALL CLAIMS, INCLUDING CLAIMS FOR LIBEL AND SLANDER, ARISING FROM THE SUBMISSION. Remember: You are responsible (and could be held liable to others) for all submissions from your Service account. Neither the Company nor its Information Providers shall be responsible or have any liability for material displayed in a public postings area unless posted by its authorized spokesperson. Experts, Information Providers and "Member Representatives" are not authorized Company spokespersons.
By submitting material to a public postings area you are irrevocably granting the Company permission to do anything the Company may choose with all parts of the Submission, as if it were in the public domain, including modifying it or using it commercially and authorizing others to do so. You are also irrevocably granting everyone else (including non-Members) permission to reproduce and/or redistribute all or parts of your Submission in any form for non-commercial purposes. In addition, anyone is free to use information contained in a Submission for any purpose, at their own risk.
The Company may establish time limits and/or other criteria under which Submissions will be automatically removed from public display. The Company has the right, but is not obligated, to maintain archives of Submissions, regardless of whether they were actually posted on the Service, and the Company may use or disclose archived Submissions in any manner it deems appropriate.
7. Notices
The Company may give notices to Members by electronic mail through the Service, by a general posting on the Service, or by conventional mail. Notices by Members to the Company must be given by
clicking onto the "CONTACT" link provided in our web
site . A notice by a Member to the Company will not change the terms of this Agreement, or the terms of any Company policy or guideline, unless the change is expressly accepted in writing by an authorized officer of the Company. Customer Care representatives (including supervisors) are not authorized to accept such changes.
8. Disclaimers
DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, SOFTWARE AND INTERNET IS AT YOUR SOLE RISK. THE SERVICE IS MADE AVAILABLE ON AN "AS IS," "AS AVAILABLE" BASIS. NEITHER THE COMPANY NOR ANY SUPPLIER, LICENSOR, EMPLOYEE, AGENT, OR CONTRACTOR MAKES ANY WARRANTY WHATSOEVER REGARDING THE SERVICE OR THE INTERNET, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE OR THE INTERNET (INCLUDING WITHOUT LIMITATION THE COMPANY SOFTWARE LICENSED HEREUNDER), OR ANY RESULTS TO BE OBTAINED THROUGH THE USE THEREOF, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ALL SUPPLIERS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, SECURITY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY LIABILITY OF THE COMPANY, ITS SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO THE COMPANY BY OR ON BEHALF OF THE MEMBER FOR SERVICE MEMBERSHIP FEES (EXCLUDING FEES FOR SEPARATELY CHARGED EXTRA FEE FEATURES OR OPTIONS) IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, SOFTWARE OR INTERNET, OR ANY BREACH OF ANY WARRANTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Access to your Web Host and Google Account
You agree to grant us the company access to your web hosting
and Google accounts so that we can provide you
with our services including web designing, coding for Google,
script install and or updates to your site. We will need to have your
LOGIN information so that we can provide you with professional
service.
10. Third Party Hosting
Ezer4u.com use’s a third party for its web hosting services,
the Company Ezer4u.com has no responsibility for or control
over such services, materials and disclaims any and all
liability for, and knowledge of, their contents, services and
or support.
IN NO EVENT SHALL THE COMPANY EZER4U.COM, ITS SUPPLIERS,
LICENSORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OUR THIRD PARTY WEB HOSTING.
The company is not responsible for any "Third Party"
service terms or privacy policies and you agree not to hold
the company Ezer4u.com liable for anything steaming from the
"Third Party" services.
11. Miscellaneous
Ezer4u. com uses (Third Party Providers) for it's services. Ezer4u will charge a fee
(one time) for the instillation of that service and for some pay services. This Agreement,
the Ezer4u Privacy Policy, and Personal Web Pages Guidelines, which you accept by enrolling in the Service,
contains the entire agreement between you and the Company regarding use of the Service and any Software, and may be amended at any time without notice from the Company to you. The provisions of this Agreement will continue in effect even after termination of your membership. This Agreement will be governed by and interpreted under the laws of the State of Texas, without regard to its conflict of law rules. By you reading this agreement and signing up for the Service, you agree to all of the Terms and Conditions.
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