terms of use (click signed)

During the sign up phase you would have been asked to agree to the following terms of use. Here is a copy of those terms and conditions.

Terms of Use


Copyright Infringement Policy

Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company's designated agent at:

Richard Scully, EcTownUSA, LLC. (aka. Chamber Nation)

ADDRESS: P.O. Box 466, Conroe, TX 77305

Tel: 855-233-6362 Ext. 6

Fax: 800-662-0716

e-mail: support@ectownusa.com

Section One: Use of Store (Shopper)

Section Two: Hosting Agreement (EcTownUSA Customer Hosting Agreement)

Section One for Shopper

Shopper Introduction

Welcome to EcTownUSA.Com. This site is provided by EcTownUSA, LLC (referred to as "ECTOWNUSA.COM" aka. Chamber Nation) as a service to our customers and their customers. Please review the following basic rules that govern your use of the ECTOWNUSA.COM site. (the "Agreement"). Please note that your use of the ECTOWNUSA.COM site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby go around this Agreement, your use of this Site still binds you to these Terms of Use. ECTOWNUSA.COM reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Shoppers Use of Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. EcTownUSA.Com does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Items or Services") are intended solely for personal, non-commercial use. You may download or copy the Items or Services and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Items or Services, the Site or any related software. All software used on this Site is the property of ECTOWNUSA.COM or its suppliers and protected by U.S. and international copyright laws. The Items or Services and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Items or Services on this Site is strictly prohibited. ECTOWNUSA.COM is a trademark of EcTownUSA, LLC.

Objectionable Material. You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that EcTownUSA.COM and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Shopper Site Security
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ECTOWNUSA.COM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from ECTOWNUSA.COM on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Shopper Orders
Please note that there may be certain orders that our customers who are using this service are unable to accept and must cancel (including unacceptable offers). We reserve the right, at our customers discretion, refuse or cancel any order for any reason. For your convenience, you will not be charged for your order through this system. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies in product or pricing information. Our customers may also require additional verifications or information before accepting any order. They will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Shopper Pricing
While ECTOWNUSA.COM hopes its customers who use our systems provide accurate product and pricing information, pricing or typographical errors may occur. ECTOWNUSA.COM cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, ECTOWNUSA.COM customers shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, ECTOWNUSA.COM customers may, at their discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Prices and availability are subject to change without notice.

Indemnification
You agree to defend, indemnify and hold harmless ECTOWNUSA.COM and its customers, affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Termination
These Terms of Use are effective unless and until terminated by either you or ECTOWNUSA.COM. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. ECTOWNUSA.COM also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in ECTOWNUSA.COM's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or ECTOWNUSA.COM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. ECTOWNUSA.COM's right to any Comments shall survive any termination of this Agreement.

Disclaimer
THIS SITE IS PROVIDED BY ECTOWNUSA.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ECTOWNUSA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECTOWNUSA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ECTOWNUSA.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE ECTOWNUSA.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ECTOWNUSA.COM OR ANY OF ITS CUSTOMERS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE ECTOWNUSA.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ECTOWNUSA.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ECTOWNUSA.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

General
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of ECTOWNUSA.COM to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit ECTOWNUSA.COM's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.


Section Two for Customer With Catalog Being Used by Shopper

Web Hosting Agreement, Web Hosting Acceptable Use Policy, and No-Spam Policy

This Web Hosting Agreement is between

EcTownUSA, LLC.
P.O. Box 3466 (231 Main Street)
Quincy, CA 95971

("EcTownUSA")

and

You, the hosting customer

("You").


BY ACCEPTING THIS AGREEMENT AND USING COMPANY'S SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, COMPANY'S ACCEPTABLE USE POLICY AND COMPANY'S NO-SPAM POLICY.

EcTownUSA (aka. Chamber Nation) and You agree to the following provisions:

1. Provision of Services.
EcTownUSA agrees to provide services to You in exchange for your payment for EcTownUSA' services by being a member in good standing with your Association, their payment to EcTownUSA for your services provided, your execution and compliance with this agreement, and your compliance with EcTownUSA' Acceptable Use Policy (see below) and No-Spam Policy (see below). Provision of EcTownUSA' services shall commence once EcTownUSA has received both your payment for EcTownUSA' services and this Agreement duly executed by You. You warrant and represent that You shall use EcTownUSA' services only for lawful purposes.

2. Agreement Term.
The initial term of this agreement shall be from the date of your initial payment (from the Association on your behalf) and execution of this agreement through the remainder of the calendar month in which this agreement was executed.

The term of this agreement, after the initial agreement term, shall continue for the period in which you continue to pay EcTownUSA for hosting services by being a member in good standing with the Association. In other words, if payment is made to EcTownUSA monthly by the Community Organization or Association on your behalf, the agreement term will shall continue for each month you indirectly pay for those services. If paying EcTownUSA quarterly, the agreement term shall continue for each quarter (three months) that service is paid for said services.

3. Automatic Renewal.
This agreement shall renew automatically at the end of the prior agreement term unless terminated either by You, the Association, or by EcTownUSA in writing (email, mail, or fax).

4. Termination without Cause.
You may terminate this agreement at any time, for any reason, by contacting EcTownUSA, either by phone or email, and requesting that your account be canceled.

ECTOWNUSA SHALL NOT REFUND AMOUNTS ALREADY BILLED FOR THE SERVICE PERIOD IN WHICH YOU TERMINATE THE AGREEMENT.

IF YOU TERMINATE THIS AGREEMENT, YOUR WEB SITE CONTENT, DATABASES, AND EMAIL MESSAGES WILL BE LOST SO PLEASE RETRIEVE YOUR DATA BEFORE TERMINATING THIS AGREEMENT WITH ECTOWN. CONTACTS MAY BE EXPORTED FROM YOUR EMAIL SYSTEM AND MESSAGES MAY BE FORWARDED TO YOUR NEW SERVICE.

EcTownUSA may terminate this agreement at any time, for any reason, by providing written or electronic mail notice of termination to your primary Web site's e-mail contact address no less than fifteen days prior to the service termination; and.

5. Termination for Cause.
YOU AGREE TO KEEP ECTOWNUSA INFORMED OF ALL CURRENT CONTACT INFORMATION FOR YOUR ACCOUNT. FAILURE TO MAINTAIN OR KEEP CURRENT ALL CONTACT INFORMATION SHALL BE A VALID GROUND FOR ECTOWNUSA TERMINATION OF SERVICES FOR CAUSE.

IF ECTOWNUSA TERMINATES YOUR ACCOUNT FOR A VIOLATION OF THIS AGREEMENT, COMPANY'S ACCEPTABLE USE POLICY, OR COMPANY'S NO-SPAM POLICY, COMPANY SHALL NOT BE REQUIRED TO REFUND TO YOU ANY AMOUNTS BILLED TO YOU FOR THE BILLING PERIOD IN WHICH COMPANY SERVICES TERMINATE.

PLEASE NOTE: Typically All Charges Are Paid By Your Membership Organization Unless Otherwise Specified

6. Payment Terms.
You agree to be billed for all recurring and one-time charges, including late charges, for any EcTownUSA services ordered by You and any fees You owe to EcTownUSA. Hosting charges are payable in advance in 1 month installments. EcTownUSA will invoice You for the first installment once everything is set up to your satisfaction, and at 1 month intervals thereafter.

Charges for upgrading your current hosting package, or performing add-on requests, will not be billed until your next invoice.

EcTownUSA will submit all invoices to you by email or through automated credit card payments.

Payments can be made online with Pay Pal by contacting us at (855) 233-6362, or by check. Payments are due within 30 days of receiving an invoice. Interest in the amount of 1.5% will be added to any outstanding invoices.

PLEASE NOTE: Typically All Charges Are Paid By Your Membership Organization Unless Otherwise Specified

7. Taxes.
EcTownUSA shall not be liable for any taxes and other governmental fees to be paid which are related to purchases made from You or from EcTownUSA' server. You agree that You shall be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to You by EcTownUSA.

8. Materials and Products.
Any material and data You provide to company in connection with EcTownUSA' services shall be in a condition that is in a form requiring no additional manipulation on the part of EcTownUSA. EcTownUSA shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this agreement.

EcTownUSA may, in its sole discretion, reject material or data that You have placed on EcTownUSA' servers or that You request EcTownUSA put on EcTownUSA' servers. EcTownUSA agrees to notify You immediately of its refusal of the material or data and provide You with an opportunity to amend or modify the material or data to meet the requirements of EcTownUSA. your failure to amend or modify the data or material as directed by EcTownUSA within a reasonable time shall be a breach of this agreement.

9. Liability; No Warranty; Limitation of Damages.
YOU EXPRESSLY AGREE THAT USE OF ECTOWNUSA' SERVICES IS AT YOUR SOLE RISK.

EcTownUSA guarantees 99.5% uptime for its Web servers. If uptime for your Web server falls below 99.5% (more than 3.5 hours) during any given month, EcTownUSA will credit you twice the lost time towards your next month's invoice. For example, if your Web site is unavailable for 24 hours (one day), you will receive 48 hours (two days) of hosting credit on your next invoice.

EcTownUSA, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that EcTownUSA' services will not be interrupted or error free; neither do they make any warranty as to the results that may be obtained from the use of EcTownUSA' services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through EcTownUSA' services, unless otherwise expressly stated in this agreement.

EcTownUSA, its officers, agents, or anyone else involved in providing EcTownUSA' services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use EcTownUSA' services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to EcTownUSA' records, programs, or services.

EcTownUSA will exercise no control over the content of the information passing through EcTownUSA' network except those controls expressly provided herein.

EcTownUSA makes no warranties or representations of any kind, express or implied, for the service it is providing. EcTownUSA also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the You, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or due to your errors or omissions. Use of any information obtained by way of EcTownUSA is to be used at your own risk, and EcTownUSA specifically denies any responsibility for the accuracy or quality of information obtained through its services. EcTownUSA expressly limits its damages for any non-accessibility time or other downtime to credit applied towards future invoices. EcTownUSA expressly limits its responsibility for any damages arising as a consequence of such unavailability.

10. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights.
Except for rights expressly granted herein, this agreement does not transfer any intellectual or other property or proprietary right to You. You agree that all right, title, and interest in any product or service provided to You is EcTownUSA'. These products and services are only for your use in connection with EcTownUSA' services provided to You as outlined in this agreement.

You expressly warrant to EcTownUSA that You have the right to use any patented, copyrighted, or trademarked material which You use, post, or otherwise transfer to EcTownUSA servers.

11. Hardware, Equipment, and Software.
You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access EcTownUSA servers. EcTownUSA makes no representations, warranties, or assurances that your equipment will be compatible with EcTownUSA services.

12. Age.
You expressly represent and warrant that You and any person to whom You grant access to your EcTownUSA account have reached the age of eighteen.

13. Indemnification.
You agree that You shall defend, indemnify, save, and hold EcTownUSA harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against EcTownUSA, its agents, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by You, your agents, employees, or assigns.

You agree to defend, indemnify, and hold harmless EcTownUSA against liabilities arising out of:
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with EcTownUSA services provided to You;
(ii) any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party;
(iii) copyright infringement; and
(iv) any defective product which You sold or distributed by means of EcTownUSA services.
You agree that the liability limit of EcTownUSA shall in no event be greater than the aggregate dollar amount which You paid during the terms of this agreement, including any reasonable attorneys' fees and court costs.

14. Miscellaneous.
Governing Law; Jurisdiction; Forum. This agreement shall be governed by and construed in accordance with the laws of the state of California without regard to its conflicts of laws or principles. You agree, in the event any suit is brought in connection with EcTownUSA' provision of services to You, to submit to the jurisdiction of the state of California, and agree to the courts of Plumas County, California as the appropriate forum.
Severability. In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
Waiver. No waiver by EcTownUSA of any breach by You of any of the provisions of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No such waiver shall be effective unless it is in writing and then only to the extent expressly set forth in such writing.
Entire agreement. This agreement, including EcTownUSA Acceptable Use Policy, and EcTownUSA No-Spam Policy, shall constitute the entire agreement between You and EcTownUSA.

By paying or using hosting service at no cost, you agree to the terms outlined in this document.


Web Hosting Acceptable Use Policy

1. Introduction
Provider's Acceptable Use Policy is intended to help enhance the use of the Internet by preventing unacceptable use. All users of Provider's Internet services (the "Services") - those who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Services ("Clients") - must comply with this Acceptable Use Policy. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Terms of Service Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Acceptable Use Policy. Provider may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this Acceptable Use Policy may result in the suspension or termination of either your access to the Services and/or your Provider account or other actions as detailed in Section 3. This Acceptable Use Policy should be read in conjunction with, and is part and parcel of, our Terms of Service Agreement and other policies. By using our web hosting services, you agree to comply with our Acceptable Use Policy.

2. Violations of Provider's Acceptable Use Policy
The following constitute violations of this Acceptable Use Policy:
Illegal use. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.

Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.

Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

Fraudulent activity. Using the Services to making fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam e-mail address collectors is allowed.

Unsolicited commercial email/ Unsolicited bulk email. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.

Bulk e-mail sent through a mail service external to our system can not contain an e-mail address or a domain name that is hosted by Provider. This generally results in complaints being forwarded to our administrative staff and will be cause for immediate account termination or suspension without prior notification.

Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Provider's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

Distributing viruses to or from Provider systems.

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.

Copyright or trademark infringement. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Provider is registered under the Digital Millennium Copyright Act of 1998.

Collection of personal data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Reselling the services. Reselling the Services without Provider's authorization.

CGI Scripts. CGI script sharing with domains not hosted by Provider is prohibited. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice and the owner will be contacted to alleviate the situation.

Chat Rooms. Provider does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option.

Software and Multimedia Distribution. These types of files consume huge amounts of disk space and bandwidth. If you wish to distribute software and/or multimedia files (graphics, audio, and video), please contact us for a special arrangement.

Network disruptions and unfriendly activity. Using the Services for any activity which adversely affects the ability of other people or systems to use Provider Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the Client's responsibility to ensure that their network is configured in a secure manner. A Client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Client may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner.

3. Reporting Violations of Provider's Acceptable Use Policy
Provider requests that anyone who believes that there is a violation of this Acceptable Use Policy direct the information to our System Abuse Department by contacting us.

If available, please provide the following information:
The IP address used to commit the alleged violation

The date and time of the alleged violation, including the time zone or offset from GMT

Evidence of the alleged violation

E-mail with full header information provides all of the above, as do syslog files. Other situations will require different methods of providing the above information.

Provider may take any one or more of the following actions in response to complaints:
Issue warnings: written or verbal

Suspend the Client's newsgroup posting privileges

Suspend the Client's account

Terminate the Client's account

Bill the Client for administrative costs and/or reactivation charges

Bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

4. Revisions to This Acceptable Use Policy
Provider reserves the right to revise, amend, or modify this Acceptable Use Policy, our Terms of Service Agreement our Privacy Policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service Agreement.

By paying or using this hosting service, you agree to the terms outlined in this document.


No-Spam Policy
EcTownUSA strictly prohibits Spamming. One of the most serious abuses is using your web hosting account to send unsolicited commercial e-mail, otherwise known as Spam. The following are examples of Spam and are blatantly contrary to our Terms of Service and Acceptable Use Policy, and will result in termination of web hosting services.

Inappropriate E-mail Activities:
Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your EcTownUSA account or the e-mail alias/account of your Virtual Server to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on EcTownUSA servers to collect responses from unsolicited commercial e-mail is prohibited. This includes using a throwaway, free e-mail account to promote your EcTownUSA account and redirects for the same account.
Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your EcTownUSA account. This is strictly prohibited.
Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.

Inappropriate use of Mailing Lists:
Purchased Mailing Lists: Mass mailing to purchased mailing lists is not allowed. We allow only opt-in mailing lists. To comply with our no-Spam policy, the recipients on your mailing list must have specifically requested (subscribed) to receive mail from you on this topic. Purchased or inherited lists are, by definition, NOT opt-in. Similarly; you could not start a list about horses and then post to it about boats. Opt-in list mailings must include instructions to unsubscribe (opt-out) in every message.

Inappropriate Newsgroup Activities:
Newsgroup Spamming: This Spam is defined as excessive cross-posting, or posting the same article to several newsgroups. This is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be canceled. You are not allowed to use your Sunrise Web Hosting based mail facilities to Spam the newsgroups.
Off topic or inappropriate postings: There is no restriction on content, except as defined by each newsgroup. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic and considered Spam in the vast majority of newsgroups.

We take a very dim view of Spam. It is one of the most annoying things encountered on the Internet. Any EcTownUSA client found to be Spamming will have his/her web hosting account terminated immediately - no questions asked (we will investigate the report thoroughly before terminating any account). There is no warning or second chance. If we find that you have violated our Acceptable Usage Policy, we will report you and the incident to the proper local, state and federal authorities and will prosecute you to the full extent of the law.

We are not attempting to censor, nor are we attempting to curtail the business of our customers. But as a whole, Spamming hurts our members and us more than it helps the one who does the Spam. Do yourself, and us, a favor: PLEASE DON'T DO IT.

If you know of any EcTownUSA client that is or might be violating this policy, please send a message or, if possible, forward the Spam in full (including headers) to us.

By paying for, or using this hosting service at no cost, you agree to the terms outlined in this document.