Terms Of Use

PLEASE READ THIS/OUR TERMS OF USE AND FAMILIARIZE YOURSELF WITH OUR SPAM POLICY THAT MAKES UP PART OF THESE TERMS OF USE. YOU SHOULD ALSO CAREFULLY READ OUR PRIVACY POLICY AND MEMBER AGREEMENT BEFORE OPENING, USING, OR CONTINUING A MEMBERSHIP AND/OR AN ACCOUNT WITH ECOE.

These Terms Of Use ("Terms and Conditions" and "Terms Of Service" and "TOS" and "TOS Agreement") in conjunction with our Spam Policy, our Privacy Policy and our Member Agreement, represent the complete Terms and Conditions and understanding between you ("your" and "user" and "Customer" and "accountholder" and "Member"), the accountholder, and MyECOE.net. ("ECOE" and "ItsYourNet, LLC" and "us" and "we" and "our"), and supersedes any other written or oral agreement pertaining to your ECOE products and/or services (the "Services"), other than applicable license agreements and any third party agreements. By using ECOE Services you agree to be bound by and to comply with this TOS Agreement, just as if you had signed it with a writing instrument. Violation of any provision of this TOS Agreement is grounds for immediate termination of your account.

IF YOU DO NOT AGREE TO BE BOUND BY ALL PARTS OF THIS TOS AGREEMENT YOU ARE NOT AUTHORIZED TO REQUEST USE OF OR USE OUR SERVICES AND ARE NOT AUTHORIZED TO ATTEND OR VISIT ANY OF OUR WEB SITES. IF YOU ARE ALREADY USING ECOE SERVICES AND DO NOT AGREE TO BE BOUND BY ALL PARTS OF THIS TOS AGREEMENT, AT ANY TIME, YOU SHOULD IMMEDIATELY END YOUR USE OF OUR SERVICES AND NOTIFY US SO THAT WE MAY INITIATE A CLOSURE AND TERMINATION OF YOUR MEMBERSHIP AND ACCOUNT.


For specific questions about this TOS Agreement please contact us through our Site. With or without notice via email, or via our Web pages, ECOE may modify the contents of this TOS Agreement, amplify them, and/or modify the prices of Services, as well as discontinue or change the Services offered at any time, at its sole discretion.

This TOS Agreement defines the Terms and Conditions of, including, but not limited to, product use and the service for all ECOE Replicated Web sites and/or Member Back Office areas and user access and/or use of any and all ECOE owned and operated external Web sites.

1. "As Is" Services; Limitation of Liability; Indemnification

1.a "As Is" Services
You acknowledge that ECOE Services are provided "as is". ECOE, its employees, agents, suppliers, business affiliates, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that ECOE Services will be uninterrupted or error free. ECOE expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.

1.b Limitation of Liability
Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this TOS Agreement or your use of or inability to use ECOE Services, other than for payment of fees due under Article 2. and for indemnification under Article 1.(1.c), however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through ECOE is at your own risk. Under no circumstances will ECOE be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on ECOE Services and/or systems. You agree to waive and hold ECOE harmless from any claims relating to any action taken by ECOE as part of its investigation of a suspected violation of this TOS Agreement or as a result of its conclusion that a violation of this TOS Agreement has occurred. This means that you can not sue or recover any damages whatsoever from ECOE as a result of ECOE's decision to remove material from its servers, cancel a newsgroup posting, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of ECOE's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms and Conditions of this TOS Agreement and the Member Agreement.
IN NO EVENT SHALL ECOE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS TOS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF OR INABILITY TO USE ECOE'S SERVICES. ECOE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT ECOE'S OPTION, EITHER RETURN OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND ANY SETUP FEES PAID, OR REPLACEMENT OF SERVICES OR PRODUCTS. In any case, ECOE's entire liability under or arising out of this TOS Agreement shall be limited to the amount you paid for the service in the one (1) month prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and ECOE limits its liability in such jurisdictions only to the degree allowed by the applicable laws.

1.c Indemnification
You agree to defend, indemnify and hold ECOE harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any of the provisions of this TOS Agreement or your placement or transmission of any materials or content onto ECOE's servers, or from any and all use of your account, with or without your knowledge or consent.
2. Cancellation of Accounts
2.a To cancel your account, we require authentication that it is actually you making the cancellation, which is granted and accessible to you via your password protected secure Back Office that you agree to keep secret so only you have access to. Another of the ways we do this is to log the IP Address of the computer owned by the person making the cancellation, thus you must contact ECOE via the secure online channels available, such as at https://myecoe.net/plexum.php for Members, or if you are unable to reach us online you may contact us via telephone. Cancellation requests must include the account username, your name, address and phone number and other identifying information as they appear in ECOE's billing records. If the information provided to ECOE for an account does not match the account records, cancellation can be delayed or prevented.

2.b All ECOE accounts must be paid in full before a cancellation will be considered complete. Service charges will extend to the end of the month in which the account is canceled.

2.c ECOE is not responsible for maintaining material that it deletes from its servers as a result of an account cancellation.

2.d Cancellation of a prepaid account does not include a refund of any kind, however, ECOE may issued a refund, at the sole discretion of ECOE, on a case by case basis.

2.e Activation (setup) fees, if any, are non-refundable.

2.f In the event ECOE does issue a refund on a case by case basis, in its sole discretion, there is a USD$20.00 cancellation fee applied to any/all prepay accounts.
3. Provision of Services
3.a ECOE will provide Services on its computing systems/servers to you in exchange for recurring monthly payment of subscription fees and full compliance with this TOS Agreement.

3.b ECOE reserves the right to discontinue any and all Services to you at any time, without prior notice or liability, for any conduct which ECOE, in its sole discretion, believes violates the Terms and Conditions of this TOS Agreement, Spam Policy, Privacy Policy, Member Agreement, and/or NDA or is otherwise harmful to ECOE's interests or the interests of other accountholders and/or our Select Companies.

3.c You may only use ECOE's Services for lawful purposes, in compliance with all applicable laws including copyright and trademark law. Unlawful activities include storing, distributing or transmitting any unlawful material through ECOE Services, attempting to compromise the security of any Internet account or site, or making direct threats of physical harm.

3.d When ECOE becomes aware of possible violations of this TOS Agreement, ECOE may, in its sole discretion, choose to suspend accounts involved in a violation and/or remove the material involved from its servers. If ECOE believes, in its sole discretion, that a violation of this TOS Agreement has occurred, ECOE may temporarily or permanently remove material from ECOE's servers, cancel newsgroup posts, warn the accountholder(s) involved, suspend or terminate the account(s) responsible, and take other responsive action. ECOE, in its sole discretion, will determine what action will be taken in response to a violation on a case by case basis. Violations of this TOS Agreement could also subject you to heavy criminal and/or civil liability.
4. Payment of Fees
4.a A list of current monthly fees for ECOE Services can be found on the Internet at http://www.myecoe.net.

4.b ECOE will begin providing Services to you after it receives payment for Services.

4.c Your ECOE account will be considered delinquent if payment has not been received by the due date. ECOE, in its sole discretion, may suspend, archive, or purge from the system any account that is delinquent for more than 10 days. Accounts continue to accrue charges until canceled, even if the account is not used by the accountholder. You acknowledge full responsibility for any account you have opened until payment in full is made.

4.d ECOE reserves the right to charge a service reconnection fee to reinstate suspended accounts.

4.e The maximum service charge for each returned check will be sought by our Check Underwriter, and there is a $50.00 service charge for recovery of credit card and debit card chargeback.

4.f Any outstanding account balance owed to ECOE is subject to monthly charges of 1.5% of the accumulative balance owed and will be added to any balance owed on a monthly basis.
5. Miscellaneous
5.a This TOS Agreement will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles, and the parties consent to exclusive personal jurisdiction of and venue in a court of competent jurisdiction located in and serving Parker County, Texas.

5.b Article 1. and your obligation to pay amounts due under this TOS Agreement will survive termination of this TOS Agreement.

5.c If any provision of this TOS Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this TOS Agreement shall remain in full force and effect.

(This page was last updated on 02/19/2013)