Welcome to the eStatus web site (the "Site). This user agreement ("Agreement") specifies the terms and conditions by which eStatus agrees to provide you (“User”) with service and access to the Site. If User chooses to access the Site and utilize any of its services, User must accept this user agreement ("Agreement").
eStatus may amend this Agreement at any time by posting the amended terms and conditions on the Site. Unless otherwise indicated, all amended terms shall automatically be effective immediately upon posting, and Users' continued use of our Services indicates Users' acceptance of the amended terms. User is responsible for reviewing and becoming familiar with any changes.
This agreement was last revised on July 7th, 2006.
1. Passwords and Security
User shall at all times maintain the confidentiality of user names and passwords. User may allow employees to use user names and passwords, provided that User is responsible for all activity by such employees. Permitting use of the Services by a third party is prohibited and is in all cases violation of this Agreement. If there is a breach of security through the Users' account, User must immediately notify eStatus and User will be liable for any unauthorized use of the Services until User notifies eStatus of such security breach.
2. Fees and Payment Terms
User agrees to pay the fees associated with use of eStatus Services. All fees are payable in U.S. Dollars unless otherwise stated and are payable by the terms stated in the invoice.
3. User Conduct User agrees to comply with all applicable laws, statutes, ordinances and regulations related to use of the Services. User may not utilize eStatus Services for the purpose of engaging in fraudulent or other illegal activity, or to infringe the intellectual property rights of others.
User agrees not to use any software, apparatus or practice to interfere or attempt to interfere with the proper operation of neither the Site nor any business conducted through the Site. User agrees not to undertake any action that imposes an unreasonable or disproportionately excessive load on Sites' infrastructure or limits our ability to provide Service. User agrees not collect, copy, reproduce, alter, modify, create derivative works, or publicly display any content or information (except for User materials) from the Site without the prior expressed written permission of eStatus. User agrees not to utilize any robot, spider, other automatic device or practice to access or interface with the Site.
4. User Materials
"User Materials" is defined as any information, data, text, graphics, photographs, images or other materials User provides (directly or indirectly) to eStatus or other users of the Services. User is solely responsible for User Materials.
4.a. User Materials (or any items included therein): (1) shall not be obscene, or contain pornography of any kind; (2) shall not create liability for eStatus or cause eStatus to lose (in whole or in part) the services of our ISPs or other suppliers; (3) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) shall not contain any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming processes that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (5) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (6) shall not be false, inaccurate or misleading.
4c. eStatus reserves the right at its sole discretion to monitor, access, remove, or disable Users access to any of User Materials at any time.
5. eStatus Intellectual Property
5.a. Subject to the terms and conditions of this Agreement, eStatus grants a limited license to User to make personal use of the Site and the Services only for their intended purposes. This license expressly excludes any resale of the Site and the Services, making any derivative of the Site or the Services, the collection and use of other users' email addresses or other materials or any other data extraction or data mining whatsoever, except with the express consent of the owner of such materials.
5.b. User agrees that any data entered by the user becomes part of eStatus aggregate data and that this aggregate data, in the aggregate, is the property of eStatus.
5.c. eStatus retains all rights, title, and interest in and to its trademarks, service marks and trade names worldwide (collectively, the "Marks"). User shall only use eStatus Marks with the express written permission of eStatus and then only in the manner authorized. Under no circumstances may User alter, modify, or change eStatus Marks.
6. Suspension and Termination Without limiting other remedies, eStatus may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate User access to the Site and Services if User fails to pay for services, breaches any of the terms of this Agreement or if User takes any action/s that, in our sole judgment, may cause legal liability for or claims against User, eStatus's other users, or eStatus. In the event eStatus suspends or terminates User access to the Site or Services, User acknowledges that User may be denied any further access to User Materials and that eStatus may not be held liable for any resulting loss of any kind.
7. Warranty Disclaimer The site and the services are provided on an "as is" and "as available" basis. eStatus and our suppliers or distributors make no representations or warranties of any kind, express, implied or statutory. eStatus, and our suppliers specifically disclaim all warranties including without limitation: (a) the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) that the site or the services will meet user requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; (c) any implied warranty arising from course of dealing or usage of trade; and (d) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of eStatus, or our suppliers.
8. Limitation of Liability Under no circumstances will eStatus, or our suppliers be liable for any indirect, incidental, punitive or consequential damages (including, without limitation, loss of data, content, files, profit or goodwill, or the costs of procurement of substitute goods or services), arising out of or in connection with this agreement, the site, the services, the inability to use the services or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services.
9. Termination At the Users sole discretion, the User may at any time terminate this Agreement by: contacting eStatus via email at firstname.lastname@example.org or via certified or registered mail to eStatus, P.O. Box 941304, Atlanta, GA 30341. If User was registered for any paid services, User's last invoice from eStatus will be for the month in which User had canceled the service.
10. By using the eStatus website, I acknowledge that I have read this EULA in its entirety and agree to be bound by all the provisions therein.