(Escape.com) Terms of Service Agreement


(Escape.com) agrees to provide you (User) with our services provided subject to User’s compliance with the Terms and Conditions below.

Please read this Agreement carefully before accessing the service(s). By accessing the service(s), you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions you many not access or use the service(s).

The following Terms and Conditions are subject to change by the company at any time in its discretion. Your use of the Escape.com website and Escape.com services after such changes have been made are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly.

Disclaimer.

The user will have access to a variety of sources of content through the Internet. The User understands and accepts that except for information, products and services clearly identified as being supplied by Escape.com, the company does not operate, control or endorse any information on the Internet in anyway. Also, Escape.com exercises no control whatsoever over the content of the information passing through our systems. Accordingly, Escape.com will have no liability or responsibility whatsoever for any content contained within any such sources.

THE USER ACKNOWLEDGES AND AGREES THAT USER ACCESSES, USES AND RELIES UPON SUCH CONTENT AT USER’S OWN RISK. NEITHER ESCAPE.COM NOR ANY OF ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE NOR DOES ESCAPE.COM MAKE ANY WARRANTY AS TO THE RESULTS FROM USE OF THE SERVICE(S).

The User understands and accepts that Escape.com cannot and does not guarantee or warrant that files available for downloading from the Internet or other material accessible from the service(s) will be free of viruses, cancelbots, worms, Trojan Horses or any other harmful components that may manifest contaminating or destructive properties. The User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s requirements for accuracy of data input and output, and for maintaining a means external from Escape.com for the reconstruction of any lost data. Escape.com does not assume any responsibility or risk for the User’s use of the Internet. The company does not assume any responsibility if User’s data becomes lost or corrupted at any of our data center facilities. In addition, the company does not assume responsibility of any User’s equipment/goods that may become damaged or corrupted at any of our data center facilities.

The User understands that the Internet contains unedited materials some of which are sexually explicit, offensive, controversial and/or copyrighted. User accesses such material at his/her own risk. Escape.com has no control over and accepts no responsibility whatsoever for such published materials.

ESCAPE.COM DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL ESCAPE.COM, ITS EMPLOYEES, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT RESULT IN ANY WAY FROM USER’S USE OR INABILITY TO USE THE SERVICE(S) OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER’S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE(S), OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERROR, DEFECTS, DELAYS IN OPERATION OF TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATED LINE FAILURE, THEFT OF DESTRUCTION OF UNAUTHORIZED ACCESS TO ALERTATION OF OUR USE OF USER’S ACCOUNT.

THE EMPLOYEES OF ESCAPE.COM ARE NOT AUTHORIZED TO MAKE ANY ORAL REPRESENTATIONS OR VARIATIONS TO THE DESCRIPTION OR QUALITY OF THE SERVICE(S), AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LIABILITY CAUSED RELYING ON SUCH REPRESENTATIONS.

IF THE PERFORMANCE BY ESCAPE.COM OF THE SERVICE(S) IS DELAYED OR HINDERED BY CIRCUMSTANCES OUTSIDE ITS CONTROL, OR AMOUNTING TO FORCE MAJEURE, ESCAPE.COM WILL, AS SOON AS IS REASONABLY PRACTICAL, GIVE THE USER NOTICE OF THE REASONS OF DELAY OR HINDRANCE. HOWEVER, FAILING TO GIVE SUCH NOTICE WILL NOT RESULT IN ANY LIABILITY FALLING ON ESCAPE.COM. IN THE CASE OF DELAY OR HINDRANCE CAUSED BY CIRCUMSTANCES AMOUNTING TO FORCE MAJEURE, ESCAPE.COM WILL RECOMMENCE PROVISIONS OF THE SERVICE(S) AS SOON AS THE CIRCUMSTANCES CAUSING DELAY OR HINDRANCE ALLOW.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT USER HAS PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity.

User will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms And Conditions by User, including any use of Content other than as expressly authorized in these Terms And Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Escape.com website or from any Escape.com services.


Prohibited Usage.

User may not:

• restrict or inhibit any other user from using and enjoying the Internet;

• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

• post or transmit any information or software which contains a virus, cancelbot, Trojan horse, worm or other harmful component;

• post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service(s) for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service(s) which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;

• upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service(s) itself or derivative works with respect thereto;

• send unsolicited advertising or promotional materials “spam” via electronic mail (See section titled "MESSAGING" ). Escape.com has a zero-tolerance policy against spam. Any User’s account of our service violating this policy may result in immediate termination of service.

• allow users to run Maillist, Listserv or any form of auto-responds from User's account;

• run or activate processes while User is not logged in;

• run or operate like services via connections into or received from Escape.com;

• violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;

• Attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User's connection, including the use of pingbots and other methods of avoiding timing disconnection (See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or

• violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

User agrees that Escape.com has the right to monitor the Service(s) electronically from and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service(s) properly, or to protect the company or its subscribers. Escape.com will not intentionally monitor or disclose any private E-mail message unless required by law. Escape.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. Escape.com reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of Escape.com following payment of a reconnection charge, to be determined by Escape.com in its sole and absolute discretion.

Messaging.

User agrees to limit their use of the Escape.com service, specifically regarding the use of Escape.com’s electronic (e-mail) services, to the following restrictions:

• Mass Mailing

User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit.

• Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

• Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator’s address, or any other identifiable aspect of the message has been purposefully altered is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the Escape.com service.

• Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION of ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. Furthermore, violation of any of these terms, relating to the terms described within this "Messaging" section of this document, will result in the IMMEDIATE PENALTY of $200. ESCAPE.COM RESERVES THE RIGHT TO CHARGE USER’S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF ESCAPE.COM SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR ESCAPE.COM SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, ESCAPE.COM RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. User also agrees to the immediate termination of Escape.com services for violation of any of these terms.

Limitation of Dial-Up Services.

Although Escape.com advertises "Unlimited Access" in regards to some of it’s Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of Escape.com services by any such User, which restricts overall Escape.com system availability for other such Users. These limitations apply only to Dial-Up access services offered by Escape.com (particularly nationwide dial-up services).

• Idle Timeout

User agrees to have their online session automatically terminated after ten {10 (outside NYC area) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User’s modem and the Escape.com service.

• Maximum Single Session

User agrees to have an online session automatically terminated after eight (8) hours of consecutive time, regardless of data transferred during such specific online session.

• Minimum Re-Connect Limit

User understands they cannot log back onto the Escape.com system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session’s termination.

• Multiple, Concurrent Online Sessions

User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Privacy Policy.

Escape.com’s policies and procedures for handling customer information have been created with the understanding that Internet technologies are still evolving. However, information transmitted through the Escape.com and the Internet in general is not confidential. Escape.com cannot and shall not guarantee privacy or protection of any User. Escape.com reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights, property and interests of Escape.com.

Non-transferable.

The right to use Service(s) is not transferable. Accounts (particularly dial-up) are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases of Services.

If the User wishes to make purchases of Service(s), User will be asked by the company to supply certain customer information, including credit card or other payment mechanism information. User agrees that all information User provides to Escape.com to be accurate, complete and current.

Billing and Cancellation of Services.

All hosting services provided by Escape.com are month-to-month contracts allowing the User to cancel service at any time unless requested otherwise.

The User may cancel within the first 14 days of initial service to receive a full refund of the cost of the service plan. After the initial two-week grace period, the User must pay for the full month-to-month service upon cancellation.

If during order registration or a later date the customer chooses a different billing cycle length (i.e. monthly, quarterly, annually or other) the service will be provided and auto-renewed at that contract length/billing cycle. All cancellation must be received 7 days prior to the renewal date.

Domain registration is a NON-REFUNDABLE service, as well as a purchase of digital web certificates and merchant accounts. Reseller hosting plans are also NON-REFUNDABLE.

The User must notify the companyís Sales Department of cancellation of Service (s) via telephone or by written notice. Escape.com WILL NOT CANCEL Service (s) or terminate any User account by electronic mail alone. All canceled accounts are to receive a cancellation number for future confirmation. If you have registered a domain through Escape.com's registrar, domain name registrations DO NOT auto-renew at the end of the term each year unless the USER enabled domain registration auto-renewal within the account management interface. The user can enable or disable auto-renewal for domain registration renewals at the time of sign up or any time after. The USER can turn off auto-renewal for the domain registration from the domain management interface at any time.

Once a cancellation is received, the customer's account will be active until the end of the current billing cycle. No other charges will be made unless the customer has an unpaid balance. At the end of the billing cycle service shall be terminated. Customer data stored on our servers will then be deleted.

All and any charge backs issued by the User will automatically result in a $35.00 banking fine. If any billing discrepancies occur, the User is responsible for contacting the company's Billing Department in order to resolve billing error(s) via a helpdesk ticket at http://helpdesk.escape.com.

Set-up fees for monthly subscriptions are NON-REFUNDABLE. If a User has opted for an annual service plan, the set-up fee is waived in the initial package price. Refund of a set-up fees are only issued to annual accounts that have been using the company's services for one year or longer. Domain registration is a NON-REFUNDABLE service. Reseller hosting plans are also NON-REFUNDABLE.

Cancellation of co-location services may be issued once the full amount due of a Userís account balance is paid and cleared. The User may then take the server(s) from our data center premises. Under NO circumstances may a server receive any physical maintenance or shall a server be removed from the Escape.com data center until full payment is received and cleared. This method of cancellation is also applicable to Userís who request for their server(s) to be shipped to another locations.

Customer Information.

Escape.com may use customer information to provide customers with information about products and services that might be of interest to the customer, or to enable the customer to take advantage of special partner programs. Escape.com may also use customer information to provide its customers with system information or information about new or upgraded products.

Failure to Comply With Terms and Conditions.

Escape.com may deny User access to all or part of the Service(s) without notice if User engages in any conduct or activities that Escape.com in its sole discretion believes violates any of the terms and conditions in this Agreement. If Escape.com denies User access to Service(s) because of such a violation, User shall have no right (1) to access through Escape.com any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited.

For Domain Registration Agreement please click here.

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