| Our
company is registered in Canada as a limited
corporation named Ecoteck Performance Inc. we
operate as
www.speedybilling.com as well as our domain
registration site
www.domaincrazy.net all credit card
charges will appear on your statement as ECOTECKPERF
and all PAYPAL payments should be made to
sales@speedybilling.com
Speedybilling.com(ECOTECK)
primary objective is to value and support our
subscribers wherever, whenever and however possible.
Our management and staff will provide the highest
level of attention and dedication to all of our
subscribers.
In pursuit of our primary objective,
Speedybilling.com(ECOTECK) agrees to deliver the
agreed upon services, as declared in the “New
Account” confirmation, to our customers at the time
of purchase, subject to the following Terms of
Service (hereafter referred to as TOS).
In addition, the use of Speedybilling.com(ECOTECK)
service(s) by a subscriber constitutes an
unconditional acceptance of and agreement to
Speedybilling.com(ECOTECK) TOS.
Speedybilling.com(ECOTECK) reserves the right to
change or modify the TOS at any time without notice.
I. 100% Money-Back
Guarantees
A. 30-Day Money Back Guarantee
Speedybilling.com(ECOTECK) proudly offers
its subscribers a "30-Day Money Back Guarantee.”
This guarantee allows subscriber to purchase
Speedybilling.com(ECOTECK)’s services with full
confidence and zero-risk. Consequently,
subscriber may request a full refund within 30 days
of initial sign-up and be refunded all fees paid
to-date, including setup fees, less any
additional over-usage and free domain registration
costs (costs of free domain registrations are
calculated at the regular cost of the domain
registrations). Terminated accounts are not eligible
for this guarantee if the termination occurred due
to a violation of this TOS.
This guarantee can be requested at anytime
within the 30 days of the commencement of service if
subscriber is not satisfied with
Speedybilling.com(ECOTECK)’s services. If the
30-day service of the subscription has been
exceeded, subscriber is not eligible for this
guarantee. A request for this guarantee must be
submitted via Speedybilling.com(ECOTECK)’s “Contact
Us” form located at this URL:
http://www.speedybilling.com.com/pg.info.dspContactUs.
If requesting a refund, we ask that subscriber
briefly explains the reasons for doing so, as well
as any suggestions on how Speedybilling.com(ECOTECK)
could improve service.
B. Any-Time Money Back Guarantee
Speedybilling.com(ECOTECK) proudly offers its
subscribers an "Any-Time Money Back Guarantee." This
guarantee allows subscriber to use
Speedybilling.com(ECOTECK)’s services with full
confidence and zero-risk. Consequently,
subscriber may request a full refund of the current
month’s fees (not the current billing cycle) and
to-date pre-paid fees for future months, less
any additional over-usage and free domain
registration costs (costs of free domain
registrations are calculated at the regular cost of
the domain registrations). Terminated accounts are
not eligible for this guarantee if the termination
occurred due to a violation of this TOS.
This “Any-Time Money Back Guarantee” can be
requested at anytime that you are not satisfied with
Speedybilling.com(ECOTECK) services. A request
for this guarantee must be submitted via
Speedybilling.com(ECOTECK)’s “Contact Us” form
located at this URL:
http://www.speedybilling.com/contactUs.htm
If requesting a refund, we ask that subscriber
briefly explains the reasons for doing so, as well
as any suggestions on how Speedybilling.com(ECOTECK)
could improve service.
II. Price-Freeze Guarantee
Speedybilling.com(ECOTECK) proudly offers its
subscribers a "Price-Freeze Guarantee." This
guarantee allows subscriber to use
Speedybilling.com(ECOTECK)’s services with full
confidence and zero-risk.
Speedybilling.com(ECOTECK) guarantees that it will
never increase monthly fees for existing subscribers
of any service plans. This guarantee is
effective upon the start of a subscription.
Immediately after the order-process is completed, a
price-lock will be established on the
subscription and the price cannot increase for the
existing subscription with the existing service
plan.
Subscriber is aware that
Speedybilling.com(ECOTECK) may proactively change
the specified rates and charges from time to time,
with any new rate or changed pricing be exclusively
effective for new subscribers or service plan
changes. Subscriber is aware that rates and offers
can change upon service plan modification or new
account subscription and may or may not be available
for purchase at any time in the future. However,
existing subscriptions will establish a price-lock
for their service plan upon sign-up and will not be
affected by changed pricing or offers.
III. 99% Uptime Guarantee
Speedybilling.com(ECOTECK) guarantees that
your website will be up and running at least 99%
of the time during any 12-month period. This
guarantee includes network uptime, server uptime,
web server and service uptime. It does not cover
any areas where Speedybilling.com(ECOTECK) has no
direct influence, such as backbone provider
failures, fibre-optic main line cuts, DNS or
Registrar issues with subscriber’s domain name,
routing issues between subscriber location and
Speedybilling.com(ECOTECK) data center. The uptime
guarantee is also not applicable if the service
interruption was caused by external issues such as
Acts of God, Wars or any other natural or unnatural
events that Speedybilling.com(ECOTECK) cannot
directly influence.
To request a service credit due to an uptime
concern, please submit a request for this
guarantee via Speedybilling.com(ECOTECK)’s “Contact
Us” form located at this URL:
http://www.speedybilling.com.com/ContactUs.htm
If requesting a “service credit” we ask that
subscriber briefly explains the reasons for doing
so.
IV. Prohibition of Adult
Content
Subscribers of Speedybilling.com(ECOTECK)’s
services are prohibited from storing or posting
adult content, or links to adult content,
through the subscribed service. All material of
pornographic nature is considered adult content.
Online image galleries whose primary purpose is the
public display of fine art or artistic mediums are
not considered to be adult content.
V. "Fair-Use" Resource
Assignment
Speedybilling.com(ECOTECK) offers unlimited disk
space and unlimited other resources, such as email
or FTP accounts, or a great amount of each one of
these resources with certain plans.
The
intention of Speedybilling.com(ECOTECK) is to
provide a large amount of space and resources for
our customer's convenience of not having to worry
about disk space or resource allotments.
These resource and disk space allotments are
optimized and dedicated towards serving web
documents and self-need email / FTP services and are
not to be used as offsite storage area for
electronic files, or as a provisioning service for
third party email or FTP hosts. All your
downloadable files or files stored on the server
have to be available for download via a HTML
document stored on the Internet in a publicly or
privately accessible area. This policy only applies
to web sites who are considered to be abusive in
service, disk space or resource consumption and
where it is evident that the "fair-use" of resources
among customers has been breached, particularly in
regards to disk space utilization. Web sites that
are found to contain either/or no html documents, a
large number of unlinked files are subject to
warning, suspension or cancellation at the sole
discretion of Speedybilling.com(ECOTECK). If a
"Fair-Use" breach occurs, Speedybilling.com(ECOTECK)
may have to remove files from the subscriber's
account in order to restore full serviceability to
other subscribers affected by the breach. In any
case, the subscriber will be notified of any actions
that Speedybilling.com(ECOTECK) may have to take.
VI. SPAM and Unsolicited
Commercial Email (UCE)
Speedybilling.com(ECOTECK) takes a zero tolerance
approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM through our network and
services. Customers of Speedybilling.com(ECOTECK)
may not use, or permit others to use, our network to
partake in UCE distribution. Customers of
Speedybilling.com(ECOTECK) may not host or permit
hosting of sites or information that is advertised
by UCE from other networks.
Upon notification of an alleged violation of our
SPAM policy, Speedybilling.com(ECOTECK) will
initiate an immediate investigation. During the
investigation, Speedybilling.com(ECOTECK) may
restrict customer access to the network to prevent
further violations. Subscriber will thereafter be
advised of the situation. If a subscriber is found
to be in violation of this TOS,
Speedybilling.com(ECOTECK) may, at its sole
discretion, unilaterally restrict, suspend or
terminate the violating customer's account. Further,
Speedybilling.com(ECOTECK) reserves the right to
pursue civil remedies for any costs associated with
the investigation of a substantiated policy
violation. Speedybilling.com(ECOTECK) will notify
law enforcement officials if the violation is
believed to be a criminal offense.
VII. Payment
Establishment of this service is dependent upon
receipt of payment of stated charges by
Speedybilling.com(ECOTECK). Subsequent payments are
due on the anniversary date of the month for that
month's service or whichever is the selected billing
cycle.
VIII. Failure to Pay
Speedybilling.com(ECOTECK) may temporarily deny or
terminate service upon the failure of the subscriber
to pay the charges when due. Such termination or
denial will not relieve the subscriber of
responsibility for the payment of all accrued
charges and any collection fees.
IX. Account Cancellation
A subscriber may cancel his account at any time
online by EMAIL to cancel@speedybilling.com” If
requesting a cancellation, we ask that subscriber
briefly explains the reasons for doing so, as well
as any suggestions on how Speedybilling.com(ECOTECK)
could improve service. The cancellation will take
effect immediately and the subscriber’s account will
remain active until the end of the subscription.
Account resumption is possible with another EMAIL to
restart@speedybilling.com
X. Subscriber
Acknowledgement
Subscriber acknowledges that the service provided is
of such a nature that the service can be interrupted
for many reasons other than the negligence of
Speedybilling.com(ECOTECK) and that damages
resulting from any interruption of service are
impossible to ascertain. Therefore, subscriber
agrees that Speedybilling.com(ECOTECK) shall not be
liable for any damages arising from such causes
beyond the direct and exclusive control of
Speedybilling.com(ECOTECK). Subscriber further
acknowledges that the Speedybilling.com(ECOTECK)’s
liability for its own negligence may not in any
event exceed an amount equivalent to charges payable
by subscriber for services during the period damages
occurred. In no event shall
Speedybilling.com(ECOTECK) be liable for any special
or consequential damages, loss or injury.
XI. Change of Nameservers
In cases of new hosting accounts or additions /
modifications to hosted domain names or any other
cases which involve the change of nameservers of a
domain from other DNS servers to
Speedybilling.com(ECOTECK) DNS servers, there may
occasionally be a delay of several days, weeks or
longer depending on the accessibility of control
options at the respective registrar of the domain
name registration. It is possible that if the
registrar (or the entity having control over the
domain registration) is not cooperative, the domain
nameservers can not be changed at all. Due to the
unpredictable nature of the nameserver change
process, no guarantees are made regarding the amount
of time a specific change may take. On customer
request, nameserver change of domain names is done
by Speedybilling.com(ECOTECK) on behalf of the
account holder. In such cases, a successful
change of nameservers cannot be guaranteed in any
way or fashion as it solely depends on the
accessability or cooperation by the domain name
registration’s registrar.
XII. Support Boundaries
Speedybilling.com(ECOTECK) provides technical
support to its subscribers. We limit our technical
support to our area of expertise. The following is
our guideline when providing support:
Speedybilling.com(ECOTECK) provides support related
to your service plan’s features’ physical
functioning. Speedybilling.com(ECOTECK) does not
provide technical support for the subscriber’s
customers. . If you are able to get online and have
other questions, the answers may be on our
documentation manual at
http://www.speedybilling.com.com/Manual.htm
We encourage you to check there first. Lastly, the
"Quick Help" option in the control panel you are
using may have the answer to your question. Please
investigate these resources before contacting tech
support.
XIII. Network
A. IP Address Ownership
If Speedybilling.com(ECOTECK) assigns a subscriber
an IP address for use with the subscription, the
right to use that IP address shall belong only to
Speedybilling.com(ECOTECK) and the subscriber shall
have no right to use that IP address except as
permitted by Speedybilling.com(ECOTECK).
Speedybilling.com(ECOTECK) shall maintain and
control ownership of all IP numbers and addresses
that may be assigned to subscribers by
Speedybilling.com(ECOTECK).
Speedybilling.com(ECOTECK) reserves the right to
change or remove all such IP numbers and addresses
in its sole and absolute discretion, at any time.
B. Bandwidth and Disk Usage
Subscriber agrees that bandwidth and disk usage
shall not exceed the maximum number of megabytes per
month for the service plan subscribed by the
customer (“Agreed Usage”). Speedybilling.com(ECOTECK)
will monitor subscriber’s bandwidth and disk usage.
Speedybilling.com(ECOTECK) shall have the right to
take corrective action if subscriber’s bandwidth or
disk usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional
charges, disconnection or discontinuance of any and
all services, or termination of this Agreement,
which actions may be taken is in
Speedybilling.com(ECOTECK) sole and absolute
discretion, at any time deemed necessary by
Speedybilling.com(ECOTECK). If
Speedybilling.com(ECOTECK) takes any corrective
action under this section, subscriber shall be
entitled to a pro-rated refund of any fees paid in
advance prior to such action. In any cause,
subscriber will be warned of approaching or exceeded
resource limits via email by
Speedybilling.com(ECOTECK)’s automated notification
system.
C. System and Network Security
Subscribers or any network users are prohibited from
violating or attempting to violate the security of
Speedybilling.com(ECOTECK)’s network or any and all
components there in. Violations of system or network
security may result in civil or criminal liability.
Speedybilling.com(ECOTECK) will investigate
occurrences which may involve such violations and
may involve and cooperate with law enforcement
authorities in prosecuting subscribers who are
involved in such violations. These violations
include, but are not limited to:
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1. Accessing data not intended
for such subscriber or logging into a server
or account, which such subscriber is not
authorized to access.
2. Attempting to probe, scan or
test the vulnerability of a system or
network or to breach security or
authentication measures without proper
authorization.
3. Attempting to interfere with
service to any subscriber, host or network,
including, without limitation, via means of
overloading, "flooding", "mail bombing" or
"crashing."
4. Forging any TCP/IP packet header
or any part of the header information in any
e-mail or newsgroup posting.
5. Taking any action in order to
obtain services to which subscriber is not
entitled. |
XIV. Notification of
Violation
Speedybilling.com(ECOTECK) is under no obligation or
duty to constantly view each subscriber's activities
to determine if a violation of this TOS has
occurred. Accordingly, we do not assume any
responsibility through our TOS to monitor or police
Internet-related activities.
Speedybilling.com(ECOTECK) will only investigate
suspicious activities if they are deemed to violate
this agreement or to harm any part of the services,
network or other subscribers. If a subscriber is
found to be in violation, the following steps are
taken:
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1. First violation: Any
Subscriber, which Speedybilling.com(ECOTECK)
determines to have violated any element of
this TOS shall receive an email warning them
of the violation. Subscriber’s service is
subject to a temporary suspension at
Speedybilling.com(ECOTECK) discretion
pending a subscriber's agreement in writing
to refrain from any further violations.
2. Second violation: Subscribers,
whom Speedybilling.com(ECOTECK) determines
to have committed a second violation of any
element of this TOS shall be subject to
immediate suspension or termination of
service without further notice. |
NOTE: Speedybilling.com(ECOTECK) reserves the
right to drop the section of IP space involved in
SPAM or Denial-of-Service complaints if it is clear
that the offending activity is causing great harm to
parties on the Internet. In particular, if open
relays are on your network or a customer's network
or if denial of service attacks are originating from
your network. In certain rare cases, we may have to
do this before attempting to contacting the
subscriber. Speedybilling.com(ECOTECK) will contact
the subscriber as soon as it is feasible.
XV. Suspension of Service
or Cancellation
Speedybilling.com(ECOTECK) reserves the right to
suspend network access to any subscriber if in the
judgment of Speedybilling.com(ECOTECK), the
subscriber‘s account is the source or target of a
violation of any of the terms of the TOS, or for any
other reason which Speedybilling.com(ECOTECK) deems
necessary.
If inappropriate activity is detected, all
accounts of the subscriber in question will be
deactivated until our investigation is complete.
Prior notification to the subscriber is not assured.
In extreme cases, law enforcement will be contacted
regarding the activity. The subscriber may not be
credited for the time the subscriber’s machines were
suspended if the subscriber is found to be at fault.
XVI. Miscellaneous
Provisions
Subscriber must provide Speedybilling.com(ECOTECK)
real and current contact information at all times.
E-mail address, telephone and fax contacts are used,
and in that order of preference.
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1. Speedybilling.com(ECOTECK)
takes no responsibility for any material
placed on its network by others.
Speedybilling.com(ECOTECK) is not
responsible for the content of any other
websites linked to. Links to other sites are
provided as Internet navigation tools only.
Speedybilling.com(ECOTECK) disclaims any
responsibility for any inappropriate use and
any liability to any person or party for any
other person or party's violation of this
policy.
2. Speedybilling.com(ECOTECK)’s
subscribers are not permitted to run IRC
servers |
XVII. Disclosure to Law
Enforcement
The TOS specifically prohibits the use of our
service for illegal activities. Therefore,
subscriber agrees that Speedybilling.com(ECOTECK)
may disclose any and all subscriber information
including assigned IP numbers, account history,
account use, etc. to any law enforcement agency that
requests such information, provided they posses the
proper court-approved warrant, without consent or
notification to the subscriber.
XVIII. Indemnification
Each party (the “Indemnifying Party”) hereby
indemnifies the other party (the “Indemnified
Party”), its officers, directors, employees and
agents, and agrees to defend and hold them harmless
from and against any and all liability, damage, loss
or expense (including reasonable attorneys fees)
arising from any claim, demand, action or proceeding
based upon the alleged breach or untruthfulness of
any of the Indemnifying Party’s representations or
warranties, or incurred in the settlement or
avoidance of any such claim, provided, however, that
the Indemnified Party shall give prompt notice to
the Indemnifying Party of the assertion of any such
claims and provided further that Indemnifying Party
shall have the right to select counsel and control
the defense thereof, subject to right of the
Indemnified Party to participate therein.
XIX. Severability
If any provision of this TOS shall be held to be
invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of
this TOS is invalid or unenforceable, but that by
limiting such provision it would become valid and
enforceable, then such provision shall be deemed to
be written, construed, and enforced as so limited.
XX. Applicable Law
This TOS is subject to the governing laws of the
Province of Alberta Courts of competent jurisdiction
in Red Deer, Alberta shall hear and decide any
disputes.
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