See what our clients are saying! "We are completely satisfied with EchoUs.com, for the numerous services they provided for deuce-DEUCE.com. We were able to collaborate and bring our ideas with their expertise together to create a user-friendly Website, which receives nothing but outstanding reviews. Since the initial launch of our site, average hits per day increased by over ten times the amount it was before, proving that the innovative design attracted many new visitors as well as repeat visitors."
EchoUs Media, is committed to protecting the privacy of users of the EchoUs Media Sites. At EchoUs Media, we intend to give you as much control as possible over your personal information, including registration data. As part of the normal operation of the EchoUs Media Sites, we collect information from you. This Privacy Statement describes the information we collect about you and how that information may be used.
Information Gathered through the EchoUs Media Sites
EchoUs Media will track the domains from which people visit the EchoUs Media Sites in order to gain aggregate data that may be analyzed for trends and statistics. Subject to the provisions of this Privacy Statement, EchoUs Media may use accumulated aggregate data for several purposes including, but not limited to, marketing analysis, evaluation of EchoUs Media's services, and business planning.
Currently, EchoUs Media uses personal information as a basis for notifications to users, and in order to implement the Terms and Conditions of Use governing the EchoUs Media Sites (the "Terms"). Generally, the usernames, e-mail addresses, and any additional information that a user may choose to post are publicly available on the EchoUs Media Sites. When users voluntarily and publicly disclose personal information that may contain Registration Data, as defined in the Terms, or otherwise post personal information in conjunction with content subject to a license, such personal information necessarily will be disclosed subject to the terms of the applicable license. An example of such a disclosure includes, but is not limited to, a user's disclosure of personal information as part of a message posted to a public message forum, or a publicly-released software application.
EchoUs Media may conduct surveys or other studies of its user base and usage for marketing and planning purposes. Participation in such surveys is at the user's option, but EchoUs Media does reserve the right to conduct mandatory surveys in the future. With respect to information collected from such surveys or studies, and in the event that responses are to be publicly disclosed, users will be notified at the time they take the survey and EchoUs Media will disclose only aggregate information regarding its users and not personal information identifying any specific individual. Notwithstanding the foregoing, in cases where surveys allow users to submit written comments, and where EchoUs Media advises users of the possibility of such disclosure at the time they take the survey, EchoUs Media reserves the right to disclose text information provided by any user through such a survey, provided that no personal information identifying that user is disclosed. Circumstances under which EchoUs Media would publicly disclose aggregate information include, but are not limited to, sharing survey results with the site population, providing data to EchoUs Media advertisers on user preferences and/or demographics, business planning, and publicizing overall usage data in press communications.
Cookies
EchoUs Media employs "cookies" to provide users with tailored information. A "cookie" is an element of data that a Web site, when visited by a user, sends to that user's browser which, in turn, may store that element on the user's hard drive or memory. EchoUs Media uses cookies to better serve users of our EchoUs Media Sites; any cookies sent by EchoUs Media will be marked so that they will be accessible only by EchoUs Media Sites subject to this Privacy Statement. However, at his or her option and at his or her sole expense and responsibility, any user may block or delete our cookies from his or her hard drive. However, by disabling cookies, certain site features and functionality may no longer work properly, or at all.
Other Notification
In order to implement or enforce the Terms, EchoUs Media may use user-provided e-mail addresses to contact users on an individual basis. At no time, unless such disclosure is required by law, a governmental agency, or specifically authorized by the user, will EchoUs Media disclose individual user personal information to unrelated third parties that is not publicly available.
Links with other sites
The EchoUs Media Sites contain links to other Web sites, whether owned or controlled by EchoUs Media affiliates, or unrelated third parties. Please note that the privacy policies of these sites may differ from those of the EchoUs Media Sites. EchoUs Media is not responsible for the privacy policies and practices of any linked Web site. We encourage you to read the privacy statement of any Web site you may visit.
Choice
"Opt-in" e-mails: Users may "opt-in" to receive site notifications, newsletters, or other information via e-mail. Users may remove themselves from such services at their discretion. Any e-mail sent to an "opt-in" list will include directions for how a user may remove himself or herself from the list, or a URL where the user may find such directions.
Profile Display
In some cases, users' personal information may be publicly available through a user's profile display. In such cases, users have the option to opt out of publicly displaying their personal information, including e-mail addresses. Users may also enlist this technique when posing comments on certain EchoUs Media Sites. In cases where site profiles allow users to display optional information publicly, such entry and display is at the user's discretion and may be changed at any time by the user.
E-mail Display
In some cases, users may have the opportunity to use an EchoUs Media Site to send electronic mail to another user or e-mail list. In such cases, a user's valid e-mail address and real name will be included with such messages. In order to prevent abuse, users may not opt-out of such a display, but may choose to refrain from using such EchoUs Media Site to transmit an e-mail message.
Access
On certain EchoUs Media Sites, users can view their data on their personal profile page. When technically feasible, users are permitted to update their personal information directly through EchoUs Media. When such updating service is not technically feasible, EchoUs Media will make reasonable efforts to assist users in updating their personal information.
Security
To secure site integrity, EchoUs Media employs measures, including but not limited to security audits, use of encryption tools and software, and other reasonable security measures and procedures.
Internal access to users' private and nonpublic personal information is restricted to site administrators and individuals on a need-to-know basis.
Enforcement
In the event that EchoUs Media becomes aware that site security is compromised or nonpublic user information has been disclosed to unrelated third parties as a result of external activity, including but not limited to external security attacks, EchoUs Media shall take reasonable measures which it deems appropriate, including but not limited to internal investigation and reporting, and notification to and cooperation with law enforcement authorities, notwithstanding other provisions of this Privacy Statement.
If EchoUs Media becomes aware that a user's personal information provided to EchoUs Media has been disclosed in a manner not in accordance with this Privacy Statement, EchoUs Media shall make reasonable efforts to notify the affected user, as soon as reasonably possible and as permitted by law, of what information has been disclosed, to the extent that EchoUs Media knows this information.
No Guarantees For Factors Beyond EchoUs Media's Control
While this Privacy Statement expresses EchoUs Media's standards for maintenance of private data, it is not in a position to guarantee that the standards will always be met. There may be factors beyond EchoUs Media's control (e.g., "script kiddies", "crackers and other malcontents") that may result in disclosure of data. As a consequence, EchoUs Media disclaims any warranties or representations relating to maintenance or nondisclosure of private information.
General Policy / Terms
Access to this Site
This site is provided by EchoUs Media as a service to its customers and resellers and is intended for your personal information, education, and entertainment. This site is controlled and operated by EchoUs Media from its home offices in Canada. Your access to and use of this site is conditioned on acceptance of the terms and conditions set forth in this "www.echous.com/terms_of_use.php". By using this site you agree to these terms and conditions. If you do not agree to these terms and conditions, do not use this site or download anything from this site. EchoUs Media makes no representation that this site is appropriate or allowed from any location outside Canada. If you access this site from outside Canada, you are also responsible for compliance with applicable local laws regarding such access.
Document License (Single Copy)
You may download a copy of product and other information or software ("Materials") found on this site, provided that (1) the above copyright notice (or the copyright notice on the Materials) appears unaltered on the copy, (2) use of such Materials is for individual consumers for informational purposes only and not for further commercialization, (3) you will not further copy the Materials, or post all or any part of them on any network computer, bulletin board or similar service or rebroadcast them via any media, and (4) no modifications, alterations, deletions or derivative work of any Materials is made by any copying or reproduction, redistribution or rebroadcasting. Use for any other purpose or for commercial exploitation is not granted and is prohibited by law, and could bring civil and criminal penalties. EchoUs Media generally prosecutes violators to the maximum extent possible under applicable law. EchoUs Media may terminate this authorization to use the Materials at anytime. Upon such termination you must immediately destroy all copies of the Materials in your possession. Images of people or places displayed on this site are either the property of, or used with permission by, EchoUs Media. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on this site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication laws.
Document Related Restrictions
Materials for which use is authorized above do not include the design, layout or logistics of this site. This site or parts of it are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No trademark, logo, graphic, image or sound from this site may be copied or retransmitted without express written permission from an authorized officer of EchoUs Media in each instance.
Document and Site Disclaimer
EchoUs Media AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION ABOUT THE SUITABILITY FOR ANY PURPOSE OF THIS SITE, INCLUDING ANY DOWNLOADABLE SOFTWARE, MATERIALS, INFORMATION AND SERVICES (INCLUDING TECHNICAL SUPPORT SERVICES AND INFORMATION) CONTAINED ON THIS SITE WHICH ARE AVAILABLE ONLY "AS IS," WITHOUT WARRANTY OF ANY KIND, AND MAY BE USED ONLY AT YOUR OWN RISK. EchoUs Media AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EchoUs Media DOES NOT WARRANT THAT THE MATERIALS WILL SATISFY USER REQUIREMENTS OR THAT THE MATERIALS ARE WITHOUT DEFECT OR ERROR. THE MATERIALS COULD CONTAIN ERRORS, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE AND INFORMATION ADDED TO THIS SITE. ALL SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE ON OR THROUGH THIS WEB SITE OR OTHERWISE. EchoUs Media AND/OR ITS RESPECTIVE SUPPLIERS MAY AT ANY TIME MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), PROGRAM(S) AND/OR MATERIALS DESCRIBED IN OR AVAILABLE THROUGH THIS SITE.
EchoUs Media ASSUMES NO OBLIGATION TO TIMELY CORRECT ANY ERROR, INACCURACY OR DEFECT IN THIS SITE. EchoUs Media ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR ANY DOWNLOADING OF DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THIS SITE.
Limitation on Liability
REGARDING THIS SITE, AND SOFTWARE, MATERIALS, INFORMATION AND SERVICES (INCLUDING TECHNICAL SUPPORT SERVICES AND INFORMATION) AVAILABLE THROUGH IT, IN NO EVENT SHALL EchoUs Media AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, PROFITS, GOODWILL OR LOSS OF DATA EVEN IF EchoUs Media HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, MATERIALS, PROVISION OF OR FAILURE TO PROVIDE SERVICES OR INFORMATION ON OR AVAILABLE THROUGH THIS SITE. Links to EchoUs Media Sites EchoUs Media wants to encourage links to its sites. To obtain permission to link to an EchoUs Media site contact info@echous.com. No trademark or logo of EchoUs Media may be used as a "hot" link to any EchoUs Media or other site without the prior written approval of EchoUs Media.
Links to Third Party Sites
Links on this site will let you leave this site to other sites not under the control of, or reviewed by, EchoUs Media. EchoUs Media is not responsible for the contents of any linked site or any site linked to a linked site. EchoUs Media provides links to other sites as a convenience. Inclusion or exclusion of any link does not imply endorsement or lack of endorsement by EchoUs Media of the site or products or services available thereat. Your linking to any off-site pages is at your own risk.
Software
Any software available through this site is a copyright protected work of authorship of EchoUs Media and/or its suppliers. Use of such software is governed by the terms of the end user license agreement accompanying the software, if any, or the terms of this page, in lieu thereof. Software should not be downloaded or installed unless you first review and agree to the terms of the end user license agreement and/or this page. Rights not expressly granted are reserved to EchoUs Media. Software available from or through this site is intended only for end users. Any other use, copying, reproduction or redistribution of the software is expressly prohibited, and could bring civil and criminal penalties. EchoUs Media generally prosecutes violators to the maximum extent possible under applicable law. SOFTWARE AVAILABLE THROUGH THIS SITE IS PROVIDED "AS IS" AND MAY ONLY BE USED AT YOUR OWN RISK. EchoUs Media AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS ABOUT THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. EchoUs Media DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY USER REQUIREMENTS OR THAT THE SOFTWARE IS WITHOUT DEFECT OR ERROR, OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED.
Termination of Your Rights
Notwithstanding this site, its continued existence and availability, the rights granted under and the terms and conditions of this page may be altered or revoked at any time by EchoUs Media for any reason or no reason, and may, notwithstanding the continued existence and availability of this site, upon notice (oral or written, including electronic), be permanently and unconditionally revoked at any time by EchoUs Media either generally or with respect to specific individuals, persons or entities. You are bound by any such revisions and should therefor periodically visit this page to review the current version of this page by which you are bound. Any rights not expressly granted by EchoUs Media in this page are reserved.
Trademarks
Limitation NOTHING CONTAINED IN THIS SITE SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY TRADEMARK, TRADE DRESS, LOGO OR DESIGNATION DISPLAYED ON THIS SITE WITHOUT THE PERMISSION OF EchoUs Media OR SUCH THIRD PARTY THAT MAY OWN SUCH INTELLECTUAL PROPERTY DISPLAYED ON THIS SITE. YOUR MISUSE OF ANY INTELLECTUAL PROPERTY DISPLAYED ON THIS SITE, OR ANY OTHER CONTENT ON THIS SITE, EXCEPT AS PROVIDED IN THIS "IMPORTANT LEGAL INFORMATION ABOUT THIS SITE" IS STRICTLY PROHIBITED. YOU ARE ALSO ADVISED THAT EchoUs Media WILL AGGRESSIVELY ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE SEEKING OF CRIMINAL PROSECUTION.
Hosting Policy / Terms
You must accept the terms of this Agreement prior to ordering or using the services.
Introduction This Terms of Service is an agreement between Customer and EchoUs Media ("Agreement") and applies to Customer's account(s) with EchoUs Media. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this Web site for changes or amendments to this Agreement. EchoUs Media reserves the right to add, delete, or modify any provision of this Policy at any time without notice. EchoUs Media may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers. General Provisions While using Services provided by EchoUs Media, you agree to the following terms and conditions:
Entire Agreement
This Agreement, including any and all documents, Web sites, rules, terms and policies referenced herein, constitutes the entire agreement between EchoUs Media and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between EchoUs Media and you with respect to such matters.
No Waiver
The failure of EchoUs Media to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and EchoUs Media nor trade practice shall act to modify any provision of this Agreement.
Illegal Usage
EchoUs Media 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, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to EchoUs Media service agrees to indemnify and hold harmless EchoUs Media from any claims resulting from the use of the service that damages the subscriber or any other party. EchoUs Media will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Due to special system and network requirements of adult oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
False Information
False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact EchoUs Media concerning unethical, false or unlawful activities by you, EchoUs Media reserves the right to terminate your service without notice.
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, probe, or scan of a 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 and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
No "Spam"
UCE/UBE or "Spam" originating from an EchoUs Media account, or associated with an EchoUs Media account, is not tolerated. This includes any e-mail that promotes Web sites hosted on an EchoUs Media account but is sent from an e-mail address not associated with that EchoUs Media account. Client shall not use their EchoUs Media services for chain letters, junk mail, bulk-e-mail, or any use of distribution lists to any person who has not given specific permission to be included in such a process. EchoUs Media reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $150 clean up fee if an account was suspended for policy violation. There is a 1000 E-mail limit that can be sent out within a 24 hour period. Services Provided by EchoUs Media EchoUs Media will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide http internet content to the general public. The Services allow EchoUs Media customers to maintain internet Web sites, receive and maintain e-mail accounts, and access Web space via FTP to upload files for their Web sites. EchoUs Media customers will use the provided Services in a manner consistent with all applicable State and Federal laws. EchoUs Media will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, EchoUs Media may immediately terminate Customer's account(s) without notice. EchoUs Media will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.
Failure to follow any term or condition will be grounds for immediate account deactivation without notice. EchoUs Media will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.
To report suspected abuses or any violations of these policies, please contact abuse@echous.com Server Resource Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. EchoUs Media shall be the sole arbiter of what is considered to be a high server usage level.
CGI/PHP/ASP Scripts
Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.
Background Running Programs and Cron Jobs: EchoUs Media does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. Actions Taken by EchoUs Media The failure by a customer to meet or follow any of the policies/terms is grounds for account deactivation. EchoUs Media will be the sole arbiter as to what constitutes a violation of the AUP. EchoUs Media reserves the right to remove any account without prior notice.
When EchoUs Media becomes aware of an alleged violation of its AUP, EchoUs Media will initiate an investigation. During the investigation, EchoUs Media may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, EchoUs Media may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, EchoUs Media will notify the appropriate law enforcement authorities of such violation.
EchoUs Media reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement, or related policies, or is otherwise objectionable or potentially infringing on any third party's rights or in potentially violation of any laws. In the event of becoming aware of any possible violation by you of this Agreement, any related policies or, third party rights or laws, EchoUs Media may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on EchoUs Media' systems, and/or (d) disabling or removing any hypertext links to third-party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by EchoUs Media which, in EchoUs Media' sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes EchoUs Media to civil or criminal liability or public ridicule. It is EchoUs’ policy to terminate service to infringers.
EchoUs Media does not issue credits for outages incurred through service disablement resulting from AUP violations. 99% Uptime EchoUs Media has a 99% average uptime across our entire network at large, which includes Web servers, mail servers, and more - as a whole. If a single server is temporarily offline, the rest of the EchoUs Media servers remain unaffected and uninterrupted, thus contributing to our overall uptime. Client's use of the Services: Payment Obligations, Renewals, and Cancellations
Currency
All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.
Payment Obligations
Full payment is required in advance, before hosting service is established. You grant EchoUs Media the right to debit the credit card or account you provided on the Order Form for services you signed up for. You warrant and represent that the information you supply in the Order Form (or other information that EchoUs Media may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay the monthly fees to reopen the account. There is a $15 fee for bounced cheques and a $25 processing fee for chargebacks.
Charges
You agree to pay all fees and charges (and applicable taxes) incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by EchoUs Media that are applicable to the Services which you have selected. Such rates, terms and conditions will be posted on the Site or otherwise made available to you by EchoUs Media. EchoUs Media shall begin charging you on the date that you subscribe for the EchoUs Media Internet services, unless otherwise specified by EchoUs Media.
Credit Card Payment
If you use a credit card and EchoUs Media does not receive payment from the card issuer, you agree to pay all amounts due, upon demand by EchoUs Media.
Failure to Pay
If you fail to pay any fees and taxes within ten (10) days from applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month (i.e. 18% per annum) or the maximum allowable under applicable law shall also become payable by you to EchoUs Media. In addition, your failure to fully pay any fees and taxes within ten (10) days after the applicable due date will be deemed a material breach of this Agreement, justifying EchoUs Media' immediate suspension of its performance of the Services and/or termination of this Agreement. You are responsible for any fees associated with reinstated of services. Any such termination would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, legal fees, court costs and collection agency fees.
Responsibility for Use
You are responsible for use of the Services and the maintenance of all passwords related to the Services. You are solely responsible and liable for any and all activities that occur in respect of your use of the Services, including without limitation all activities of any users authorized by you or using your passwords. You are also responsible for maintaining the confidentiality of all passwords related to your use of the Services. You agree to immediately notify EchoUs Media of any unauthorized use of the Services or your passwords or of any other breach of security and to provide assistance to EchoUs Media, as requested, to stop and/or remedy any breach of security.
Material and Product Requirements
You must ensure that all material and data placed on EchoUs Media' equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by EchoUs Media. EchoUs Media will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", EchoUs Media has the option at any time to reject this material. EchoUs Media will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of EchoUs Media. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not EchoUs Media' responsibility to provide this knowledge or customer support.
Bandwidth, Storage, and E-mail Usage
You agree that use of the Services hereunder will not exceed the bandwidth, storage and E-mail usage limits set out in the Site for the Services ordered by you. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, EchoUs Media may, in its sole discretion, assess you with additional charges according to EchoUs Media' then current pricing policy, suspend the performance of the Service, or terminate this Agreement. In the event that EchoUs Media elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. Warning messages will be e-mailed to you as you exceed 80% and 90% of your package's respective bandwidth and disk space limits. If payment for extra usage is not received within two weeks of the invoice date, the expiry date of the account will be adjusted according to the amount outstanding.
Domain Names
As part of the Services, you will provide EchoUs Media with a registered domain name or names or EchoUs Media will register such domain name(s) selected by you, provided that such domain name is available for registration. The inability to use a domain name shall not entitle you to a refund by EchoUs Media of any fees paid with respect to the registration of such unusable domain name. However, in the event a domain that was registered is transferred to another service provider, and requires manual intervention by our support staff to complete the transfer, there will be an administrative transfer cost charged for each domain plus applicable taxes. Domain Parking does NOT include any hosting services. You are not provided with the option to submit your own DNS entries as EchoUs Media is NOT a Registrar and therefore assume that you wish to obtain your hosting services directly through EchoUs Media. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back. In the event there is a misspelling of a domain name, while being registered online, you as the customer must register the correct spelling of that name. There are NO refunds issued for misspelled domain names.
Domain names can be used or transferred to another registrar only if customers account is paid for with no balance. If customer has a balance, it must be settled before domain name is released.
Miscellaneous Components
You acknowledge that the Services do not include content design, development, FTP master maintenance, uploading and publishing, Common Gateway Interface scripts and other such executables and that all of the foregoing are your responsibilities.
Intellectual Property Rights
EchoUs Media Property You hereby acknowledge and agree that all programs (in object code and source code form), data, services, processes, designs, technologies, materials and all other things comprising the Services are owned by and shall remain the sole property of EchoUs Media, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. EchoUs Media shall also maintain and control ownership of all Internet protocol ("IP") numbers and e-mail addresses that may be assigned to you by EchoUs Media. EchoUs Media reserves, in its sole discretion, the right to change or remove any and all such IP numbers and e-mail addresses at any time.
Your Content EchoUs Media does not claim ownership of information, materials, software or other content (collectively, the "content") that you post, upload, input, provide, submit or otherwise transmit to EchoUs Media or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the content to EchoUs Media or any third party, using the Services, you have thereby granted EchoUs Media a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by EchoUs Media for the purposes of rendering and operating the Services to you under this Agreement or to ensure adherence to or enforce the terms of this Agreement. You expressly (a) grant to EchoUs Media a license to cache the content, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
Enforcement Investigation of Violations
EchoUs Media may investigate any reported violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. EchoUs Media will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process. Interruption of Service You hereby acknowledge and agree that EchoUs Media and its suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further, EchoUs Media shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
EchoUs Media customers agree to indemnify and hold harmless EchoUs Media from any claims resulting from the use of our services that damages them or any other party. The EchoUs Media service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. EchoUs Media expressly disclaims any representation or warranty that the EchoUs Media service will be error-free, secure or uninterrupted. No oral advice or written information given by EchoUs Media, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. EchoUs Media and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service. Unlimited 30-day Money Back Guarantee If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Disclaimer of Warranty You agree to use the Services and any information obtained through or from EchoUs Media at your own risk. You acknowledge and agree that EchoUs Media exercises no control over, and accepts no responsibility for, the content of information passing through EchoUs Media's host computers, network hubs, points of presence or the internet.
Limitation of Liability
You agree that EchoUs Media will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to EchoUs Media at the time) which may exist in the Services or in EchoUs Media's equipment used to provide the Services. Under no circumstances will EchoUs Media be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. EchoUs Media will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to EchoUs Media's records, programs, equipment or services.
Indemnity to EchoUs Media
You hereby release and hold harmless, and agree to indemnify, the EchoUs Media Entities, its officers, directors, employees, shareholders and agents, against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by the EchoUs Media Entities, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy; (b) your improper or illegal use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity). Liability and Obligations on Termination: Should the Agreement expire or be terminated for any reason, EchoUs Media will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date. EchoUs Media shall have no responsibility to notify any third party of the termination of your account nor provide any termination assistance. Without limiting the generality of the foregoing, EchoUs Media shall have no obligation to forward any e-mail messages, data, information or other content related to your use of the Services, and you acknowledge that all such e-mail messages, data, information and content may be immediately deleted by EchoUs Media. Force Majeure EchoUs Media will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the services. Disclosure of Customer Information and Legal Process Although EchoUs Media maintains strict confidentiality on Customer's information, there are certain exceptions in which EchoUs Media may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and Web site activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. EchoUs Media has no obligation to notify Customer about whom the information is sought or that EchoUs Media has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation. Agreement Entire Agreement; Severability: This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.
Warranties and Disclaimers
Your Warranties and Representations to EchoUs Media. You warrant, represent, and covenant to EchoUs Media that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for use of the Services; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your Content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
Independent Contractors
You agree that no joint venture, partnership, employment or agency relationship exists between EchoUs Media and you as a result of this Agreement or use of the Services.
Right to Refuse Service
At its sole discretion, EchoUs Media has the right to refuse any and all service or Services to any applicant, Customer, client whether it be an individual or legal entity. We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Choice of Laws
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario and the federal courts situated in the Province of Ontario in connection with any matter arising under this Agreement. Use of the Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph, is prohibited.
Secure online transactions
Data Security and Encryption for online payments provided by PayPal
The security of your information, transactions, and money is top priority.
Unlike other merchant accounts, our PayPal account features a Seller Protection Policy, world-class fraud prevention tools and techniques help keep fraudulent buyers out of the PayPal network, stopping them before they
get to us.
PayPal automatically encrypts your confidential information, in transit from your computer to ours, using the Secure Sockets Layer protocol (SSL) with an encryption key length of 128-bits ( the highest level commercially available ). Before you even register or login to our site, our server checks that you're using an approved browser - one that uses SSL 3.0 or higher.
Once your information reaches us, it resides on a server that is heavily guarded both physically and electronically. Our servers sit behind an electronic firewall and are not directly connected to the Internet, so your private information is available only to authorized computers.
A little more information about SSL SSL certificates are ideal for securing Web sites, intranets and extranets. SSL delivers powerful 128-bit SSL encryption, the strongest encryption available, regardless of browser version.
Server certificates are designed to protect you and visitors to your site. Having a digital certificate on your server lets you:
Authenticate your site A digital certificate on your server automatically communicates your site's authenticity to visitors' Web browsers, confirming that the visitor is actually communicating with you, and not with a fraudulent site stealing credit card numbers or personal information.
Keep private communications private Digital certificates encrypt the data visitors that exchange with your site to keep it safe from interception or tampering using SSL (Secure Sockets Layer) technology, the industry-standard method for protecting Web communications. Virtually all Web servers and the leading browsers, including Netscape Communicator, are optimized and ready for SSL. To activate SSL sessions with visitors to your site, all you need is a digital certificate for your server.
Prevent tampering SSL preserves the integrity of every transaction, generating a warning if so much as one character of information is changed between your server and your customer's browser.
Assure confidentiality Users are assured that no unauthorized entity has intercepted data, like account numbers or credit card numbers, en rout to the intended destination.
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