Terms & Conditions
This Terms of Service Agreement, together with the Acceptable Use Policy, all applicable quotes, price lists and software license agreements of Ecreativeworks, Inc. and third parties represents the complete agreement and understanding between Ecreativeworks, Inc. (Ecreativeworks.com) and you, the Ecreativeworks, Inc. customer ("you" or "your"), and supersedes any other written or oral agreement pertaining to your Ecreativeworks, Inc. services. By using Ecreativeworks, Inc. services, Ecreativeworks, Inc. software, or both, you agree to be bound by and to comply with this agreement just as if you had signed it. Violation of any provision of this agreement is grounds for, but not limited to, immediate termination of your Ecreativeworks, Inc. account. Ecreativeworks, Inc. may modify these terms and conditions, and/or modify prices, as well as discontinue or change services offered upon notice published on-line via www.ecreativeworks.com. The customer and Ecreativeworks, Inc. make this agreement for Ecreativeworks, Inc. services effective as of the date of acceptance of Ecreativeworks, Inc. services.
If you do not agree to this Terms of Service Agreement, together with the Acceptable Use Policy, please notify our billing department at 763-450-3900. USE OF YOUR ACCOUNT SHALL CONSITUTE YOUR APPROVAL OF THIS AGREEMENT.
- Ecreativeworks, Inc. services provided to the customer may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or State regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret or any other statute, threatening material or obscene material. Ecreativeworks, Inc. reserves the right to remove any and all materials that infringe on copyright work or that may be in violation of any U.S. Federal or State laws. Such materials will be removed immediately upon receiving a complaint and or notice of copyright infringement or violation
- Ecreativeworks, Inc. servers shall not be used to host or store pornographic or adult material of any kind. Ecreativeworks, Inc. reserves the right to determine what constitutes "pornographic" or "adult material".
- Customer agrees not to utilize Ecreativeworks, Inc. hosting and/or e-mail services or equipment for the purpose of sending the same or substantially similar unsolicited or bulk e-mail. Customer also agrees to not reference a Ecreativeworks, Inc. hosted web site or Ecreativeworks, Inc. e-mail account in any unsolicited or bulk e-mail, whether or not that e-mail is sent through an Ecreativeworks, Inc. server.
- Ecreativeworks, Inc. makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. Ecreativeworks, Inc. will not be responsible for damage the customer suffers, including and not limited to: loss of data resulting from delays; non-deliveries; mis-deliveries; service interruptions caused by it's own negligence, customer errors or omission, or due to the fault of third parties.
- Ecreativeworks, Inc. reserves the right to discontinue any and all services at any time, without prior notice or obligation, for any conduct which Ecreativeworks, Inc., at its sole discretion, concludes is not tolerated by this Agreement or harmful to Ecreativeworks, Inc.'s interest or the interests of others. Ecreativeworks, Inc. also may limit, restrict or prohibit access to its system resources as Ecreativeworks, Inc., in its sole discretion, regards appropriate to provide the availability of such resources.
- All of Ecreativeworks, Inc.'s hosting fees are based on the customer's website having one domain name pointing to it, as defined in our DNS servers. Any additional domain names must also be included in our DNS servers and may be subject to additional fees. Failure to disclose such information to Ecreativeworks, Inc. may be grounds for termination of services.
- Transferring your domain to another provider does not constitute canceling your Ecreativeworks, Inc. account. You must formally cancel your account with Ecreativeworks, Inc. to avoid further charges.
- Ecreativeworks, Inc. develops websites and custom applications to be compatible with the latest browsers proven to be used in the industrial marketplace. At this time all projects launched will be compatible with the following browsers and versions: Internet Explorer (Windows) Versions 7, 8; Mozilla Firefox (Windows/Macintosh)Versions 3.5, 3.6; Safari (Windows/Macintosh)Versions 4.1+, 5; and Google Chrome (Windows/Macintosh) Version 6+. If Internet Explorer Version 6 or any additional browsers or versions are required please discuss with an Ecreativeworks sales person.
- Customer agrees to provide Ecreativeworks, Inc. with accurate and complete contact and billing information. It is the responsibility of the Customer to contact Ecreativeworks, Inc. of any changes to their account, such as contact, phone number and/or billing information.
- Ecreativeworks, Inc. will not tolerate payment of Ecreativeworks, Inc. account(s) or service(s) by fraudulent means. Doing so will result in immediate termination and possible criminal and civil liabilities.
- Ecreativeworks, Inc. account(s) will be considered delinquent if payment by acceptable means is not received after 30 days of the date due. Accounts that are delinquent may be suspended, archived or terminated from the Ecreativeworks, Inc. system. We are not responsible for any loss of data on delinquent accounts. Delinquent accounts will continue to accrue late charges until reinstated or properly and formally cancelled. We reserve the right to charge a service reconnection fee for any delinquent, suspended, or reactivated account.
- Ecreativeworks, Inc. does not pro-rate accounts. Accounts and services are due on a monthly or yearly basis.
- Ecreativeworks, Inc. reserves the right to charge no less than $20.00 for any returned check (including automated withdrawals) and will automatically bill this to your Ecreativeworks, Inc. account. Customer agrees to pay this fee.
- Customer agrees to formally notify Ecreativeworks, Inc. of any account or service cancellation request via email to email@example.com, Fax: 763-450-3919, or Postal mail to:
13220 County Road 6, Suite 150
Plymouth, MN 55441
- Cancellations are on a "same day" policy. You account will be cancelled on the same day your request is received. If your account has a remaining balance, the account may not be cancelled.
- Cancellations of web development projects are subject to billing for hours incurred, to date of cancellation, at the hourly rate mentioned in the proposal. Hours incurred include project management, development, design and any other services provided prior to cancellation.
- Ecreativeworks requires a written, 30-day advanced cancellation notice to discontinue a monthly program.
- No portion of service fees, one-time installation or licensing fees, or registrations fees will be refunded or pro-rated to cancelled accounts.
- Ecreativeworks, Inc. will not sell or distribute your personal information to any list, telemarketing or mass distribution company or firm. Your information will be kept strictly confidential. Ecreativeworks, Inc. may disclose information regarding accounts if requested to do so by law.
ACCEPTABLE USE POLICY
This Acceptable Use Policy represents Ecreativeworks, Inc. agreement and understanding between Ecreativeworks, Inc. and the account holder ("customer") and supersedes any other written or oral agreement pertaining to your Ecreativeworks, Inc. services. By using any of the services offered by Ecreativeworks, Inc., the customer is bound by and must comply with this Policy in its entirety. Violations will result in cancellation of your services or such other action as Ecreativeworks, Inc., in it's sole discretion, may deem appropriate.
If you do not agree with this Policy, please notify our billing department at 763-450-3900. USE OF YOUR ACCOUNT SHALL CONSITUTE YOUR APPROVAL AND COMPLIANCE WITH THIS POLICY.
System and Network
- Customer will not tamper with other accounts, or commit unauthorized intrusion into any part of our system, or use any of our equipment to intrude into any other system or network.
- Customer will not use, or attempt to use, any of our services not included in your account.
- Customer will not use the system in a manner that burdens disk space, processors or other system resources beyond those allowed by the specified type of account. Customer agrees to not make deliberate attempts to interfere with a service, overload a service or attempt to disable a host. If customer's account causes Ecreativeworks, Inc.'s server(s) to become overloaded due to high CPU or disk usage, we reserve the right to suspend or cancel your account.
- Ecreativeworks understands the desire to complete 3rd Party PCI Compliance monitoring on your e-commerce product database solution, current PCI Compliance standards recommend scanning once a month. As part of the yearly licensing Ecreativeworks includes up to 2 hours per month for researching/implementing items suggested/outlined by any 3rd Party company. Ecreativeworks reserves the right to assess additional yearly fees for any 3rd party PCI Compliance monitoring software recommendations and scanning issues that are over the allotted 2 hours per month. Ecreativeworks requires that all PCI monitoring and scanning be done outside normal operating hours. Ecreativeworks reserves normal operating hours of 7 AM to 7 PM Central time Monday-Friday.
- By using Ecreativeworks, Inc. mail services, the customer agrees to use mail services, mail forwarding capabilities, POP accounts, etc. for their own use and within the scope of this Acceptable Use Policy.
- Customer may not send unsolicited, or "SPAM" email to any account that has not specifically requested information or that causes complaints from the recipients of such unsolicited email.
- Customer agrees to utilize Ecreativeworks, Inc. email services in accordance with all acceptable laws and requests. Ecreativeworks, Inc. prohibits the transmission of email that is harassing, libelous, defamatory, legally obscene, threatening, abusive or hateful to non-consenting recipients.
- Ecreativeworks, Inc. prohibits the forwarding of chain letters of any type (including charity requests or petitions for signatures).
- Ecreativeworks, Inc. services may only be used for lawful purposes. Transmission or storage of any information, data or material that may be in violation of any U.S. Federal or State regulation or law is prohibited. This includes, and is no limited to, material protected by copyright, trade secret or any other statute, threatening or obscene material. Such materials may be removed at any time upon our discretion.
- We reserve the right to terminate any account that does not abide by our Terms of Service and our Acceptable Use Policy.
- Ecreativeworks, Inc. does not endorse any materials that may be offensive, inflammatory or of an adult nature. Ecreativeworks, Inc. disclaims any and all liability for such content.
Use of Ecreativeworks, Inc.'s services assumes that the Customer has read the Terms of Service Agreement and Acceptable Use Policy and agrees to abide by its contents herein.