The following are the terms and conditions for use of wireless synchronization and email service of EcoSuite at www.idomail.com (IdoMail) web address on the World Wide Web. This is a service of EcoSuite Corporation (EcoSuite). Read them carefully before opening an account and using our services. If you click the “Sign-Up” button, you agree to be bound by all of these following terms and conditions of the EcoSuite services of EcoSuite Corporation (“TOS”). If you disagree with any of the TOS, then do not open an account at www.EcoSuite.com.
AGREEMENT BETWEEN USER AND ECOSUITE
EcoSuite service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. EcoSuite reserves the right to change the terms, conditions, and notices. You are responsible for regularly reviewing these terms and conditions. Continued use of this service after any such changes shall constitute your consent to such changes.
MEMBER ACCOUNT AND SECURITY
To open an account, you must complete the registration process and accept the TOS of EcoSuite. For free trial, you need to complete the required fields. To continue as a subsriber to EcoSuite service, you must complete the signup form fully. Your account will have be in good standing only after payment has been authorized from your credit card. You are entirely responsible to maintain the confidentiality of your account and password and also any activities that occur under your account. You agree to notify EcoSuite immediately of any unauthorized use of your account or any other breach of security.
TERMINATION AND ACCESS RESTRICTION
EcoSuite reserves the right, in its sole discretion, to terminate your access to this site, without notice for any reason whatsoever, if you are using EcoSuite service on a free trial basis. Paid subscribers account may be terminated at the end of their terms or for any violation of pertinent laws and regulations. If a paid subscriber’s account is terminated, the subscriber will be refunded any remaining amount prorated at a regular monthly rate. Upon termination of the account, your right to use the web site immediately ceases. After termination of your account, EcoSuite will have no obligation to maintain any contents in your account.
MEMBER PRIVACY
It is EcoSuite’s policy to respect the privacy of its members. EcoSuite will not monitor, edit, or disclose any personal information about you or your use of this site, including its contents, without your prior permission unless EcoSuite has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of EcoSuite; (3) enforce the TOS; or (4) act to protect the interests of its members or others. For more information, see the EcoSuite’s Privacy Policy. You agree that EcoSuite may access your account, including its contents, as stated above or to respond to service or technical issues.
STORAGE SPACE AND OTHER LIMITATIONS
The amount of file storage space per member is based on the paid service plan. The standard service plan currently provides 30MB per account. Check the details of your service plan for pricing and changes. The storage space is governed by your price plan. EcoSuite service is not a backup service. It is not responsible or liable for the deletion of files or failure to store files or other information. The data is assumed to be copies of the same information that are also stored in a user’s PC or device. EcoSuite assumes no liability regarding the contents.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this site, you warrant to EcoSuite that you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this site in any manner that could damage, disable, overburden, or impair the EcoSuite web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EcoSuite web site. This service is provided to individuals only and for personal use only. Any unauthorized commercial use of this service, or the resale of its services, is prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account. For example, you agree not to
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, distribute or disseminate any inappropriate, vulgar, defamatory, infringing, obscene, indecent or unlawful material or information.
Attempt to gain unauthorized access to this service, other accounts, computer systems or networks connected to this service, through password mining or any other means
Advertise or offer to sell or buy any goods or services for any non-personal purpose.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious programs.
Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
Interfere with or disrupt networks connected to this website or violate the regulation, policies or procedure of such networks.
Disobey any U.S. laws regarding the transmission of technical data or software exported from the United States through this web site.
Interfere with another member’s use and enjoyment of this service or another individual’s or entity’s use and enjoyment of similar services.
LINKS TO THIRD PARTY SITES USE
THERE MAY BE LINKS WITHIN THIS WEB SITE TO OTHER WEB SITES. THE LINKS MAY LET YOU LEAVE THIS SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ECOSUITE.COM AND ECOSUITE.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ECOSUITE.COM IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. EcoSuite.COM MAY PROVIDE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ECOSUITE.COM OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS
LIABILITY DISCLAIMER
The information and services included in or available through this service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. EcoSuite and/or its respective suppliers may make improvements and/or changes in this service at any time. EcoSuite does not represent or warrant that this service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available, are free of viruses or other harmful components. EcoSuite does not warrant or represent that the use or the results of the use of this service or the materials made available, as part of this service will be correct, accurate, timely, or otherwise reliable. You specifically agree that EcoSuite shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through this service. You specifically agree that EcoSuite is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that EcoSuite is not responsible for any content sent using and/or included in this service by any third party.
ECOSUITE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS SERVICE FOR ANY PURPOSE. THIS SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ECOSUITE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ECOSUITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SERVICE, WITH THE DELAY OR INABILITY TO USE THIS SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ECOSUITE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE.
INDEMNIFICATION
You agree to indemnify and hold EcoSuite, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on this web site.
WEB SITE MONITORING
EcoSuite has no obligation to monitor this web site or any user’s use thereof or retain the content of any user session. However, EcoSuite reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this site, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through this web site, including code and software.
GENERAL
This agreement is governed by the laws of the State of Florida and the United States of America. Use of this service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EcoSuite as a result of this agreement or use of this service. EcoSuite’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EcoSuite’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this service or information provided to or gathered by EcoSuite with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EcoSuite with respect to this service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EcoSuite with respect to this service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and EcoSuite agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
TRADEMARKS
“EcoSuite.com” or other trademarks referenced herein are either trademarks or registered trademarks of EcoSuite.com. Other trademarks/service marks are the property of their respective owners. Any rights not expressly granted herein are reserved. Material protected by copyrights belonging to third parties is reproduced with permission. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT: Notification of claimed infringement should go to EcoSuite.com’s designated agent:
By Phone: (561) 945-4466
By Email: legal@ecosuite.com
