Terms of Service
a. This Agreement is between eBizgateway.net and the customer (as noted on the Registration Form) for
the provision of eBizgateway.net for Internet e-mail services in accordance with the following
terms and conditions.
Except as otherwise specified, these terms and conditions apply with regard to services which the
customer has requested and are subject to change from time to time.
Services offered by eBizgateway.net. are subject to the terms and conditions contained in: (1)
this Agreement; and (2) any written application, to the extent that it is not
consistent with this Agreement. All of the above bind both eBizgateway.net and its customers.
- PROVISION OF SERVICES
a. eBizgateway.net is not required to provide services to an applicant
(1) eBizgateway.net would have to incur unusual expenses for which the applicant will not pay;
(2) the applicant owes amounts to eBizgateway.net that are past due; or
(3) the applicant does not provide a reasonable deposit required pursuant to the terms and
conditions outlined in this Agreement.
- RESTRICTIONS ON USE OF SERVICES
a. Services may be used by the customer and all persons having the customer's permission to
b. Customers are prohibited from using eBizgateway.net's services or permitting them to be
used for a purpose or in a manner that is unlawful or for the purpose of sending offensive,
violate, hate, unsolicited (Spam)messages.
- CUSTOMER LIABILITY FOR E-MAIL
a. Customers are responsible for any and all e-mail transmissions originating from
their account, regardless of who made said e-mail transmissions.
- CONFIDENTIALITY OF CUSTOMER RECORDS
a. Unless a customer consents in writing or disclosure is pursuant to a legal power, all
information kept three months by eBizgateway.net regarding the customer is confidential and
may not be disclosed by eBizgateway.net . to anyone other than: the customer;
a person who, in the reasonable judgment of eBizgateway.net ., is seeking the information as
an agent of the customer; or
an agent retained by eBizgateway.net . in the collection of the customer's account, provided
the information is required for, and is to be used only for, that purpose.
- LIMITATION OF EBIZGATEWAY.NET . LIABILITY
In no event will eBizgateway.net ., or its affiliates, agents or suppliers, be liable to the
customer for: (1) any act or omission of a telecommunications carrier whose facilities are
used in establishing connections to points outside eBizgateway.net's network; or (2)
defamation or copyright infringement and any and all related claims, losses, damages, judgments,
expenses and costs (including any attorney's fees and expenses) arising from material transmitted
or received using eBizgateway.net's facilities; or (3) any indirect, special,
incidental or consequential damages, including loss of profits or loss of business opportunities.
b. eBizgateway.net makes no warranties of any kind, expressed or implied for the
eBizgateway.net services provided. eBizgateway.net further disclaims any warranty or
merchantability or fitness for a particular purpose. This disclaimer includes loss of
data resulting from delays, undeliverable, wrong deliveries, and any service interruptions
caused by the negligence of eBizgateway.net and its employees or by the customer's errors
- PAYMENT TIME LIMIT
a. In exceptional circumstances, for example when a customer has incurred a significant
amount of billable charges and presents an abnormal risk of loss to eBizgateway.net,
prior to the normal billing date eBizgateway.net may request payment from the customer
on an interim basis for the charges that have accrued, providing the customer with
details regarding the services and charges in question. In such cases, the charges can
be considered past due three days after they are incurred or three days after
eBizgateway.net . demands payment, whichever occurs later.
b. No charge disputed by a customer can be considered past due unless eBizgateway.net has reasonable grounds for believing that the purpose of the dispute is to evade or delay payment.
c. eBizgateway.net . may request immediate payment in extreme situations, provided that a notice has been issued pursuant to Item 10.a. and the abnormal risk of loss has substantially increased since that notice was given or eBizgateway.net has reasonable grounds for believing that the subscriber intends to defraud eBizgateway.net .
- LIABILITY FOR UNBILLED AND UNDERBILLED CHARGES
a. Unless there has been customer deception with regard to a charge, customers are not responsible for paying a previously unbilled charge except where it is correctly billed within a period of one year from the date it was incurred.
- LIABILITY FOR CHARGES THAT SHOULD NOT HAVE BEEN BILLED AND THOSE THAT WERE OVER BILLED
a. In the case of a charge that should not have been billed or that was over billed, a customer must be credited with the excess back to the date of the error, subject to applicable limitation periods provided by law. However, a customer who does not dispute the charge within one year of the date of an itemized statement which shows that charge correctly, loses the right to have the excess credited for the period prior to that statement.
b. Charges that should not have been billed or that were over billed must be credited, provided that the customer disputes them within 150 days of the date of the bill.
- SUSPENSION OR TERMINATION OF SERVICE
a. Either party may terminate this Agreement by providing the other with at least 30 days' written notice. eBizgateway.net may terminate this Agreement at any time if there is any breach of this Agreement by the customer.
b. Suspension or termination of services does not affect the customer's obligation to pay any amount owed to eBizgateway.net .
- GOVERNING LAWS
This Agreement, including eBizgateway.net's policies referenced herein, constitutes the entire agreement between eBizgateway.net and the customer pertaining to the subject matter hereof.
The Laws State of California, USA, will govern this Agreement.
eBizgateway.net users are strictly prohibited from using UCE (spam) in their marketing efforts, and are subject to immediate termination if they do so.
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