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TERMS OF SERVICE

OverEcho, LLC ("The Company") agrees to provide services to the Customer, subject to the following TOS (Terms of Service) & AUP (Acceptable Usage Policy).

OverEcho, LLC reserves the right to change this TOS & AUP at any time, without notice to the Customer.  "Service" refers to any service provided by The Company to the Customer.

Web Hosting/Server Hardware Clients

Payments and Fees: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. 

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of the Customer to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 3 days past due.

Cancellations: The customer may choose to cancel at anytime. To cancel your account, send a ticket to overecho@overecho.com. Unfortunately OverEcho does not offer refunds at this time, please contact us before you complete any purchase, if you have any questions.

New Virtual/Reseller Accounts: All new virtual/reseller accounts will be setup within 1 business day.

New Dedicated/Custom Servers: All new Dedicated/Managed servers will be setup within 10 business days.

SPAM: OverEcho, LLC takes a zero tolerance approach to the sending of spam email using the Company's servers. Very simply this means that customers of OverEcho may not use or permit others to use our network to transact in spam emails. Customers of the Company may not host, or permit hosting of, sites or information that is advertised by spam from other networks. Violations of this policy carry severe penalties, including termination of service.

As our Customers are ultimately responsible for the actions of their clients, while using the Company servers it is advisable that Customers develop a similar, or stricter, policy for their clients. 

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer. OverEcho, LLC will monitor Customer's bandwidth and disk usage. Each extra gigabyte of bandwidth exceeding the limit will be billed at $2.00 per gigabyte. Customer will be billed $2.00 for each extra 100megs space exceeding the limit for over 3 days. Over-usage fees will be billed at the end of the month. Failure to pay will result in account suspension.

System and Network Security: Users are prohibited from violating or attempting to violate the security of any network. Violations of system or network security may result in civil or criminal liability. OverEcho, LLC will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled. 

Notification of Violation:
OverEcho, LLC is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which the Company determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at the Company's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that the Company determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation:
OverEcho, LLC reserves the right to suspend access to any customer if in the judgment of the the Company system administrators the customer's account or server is the source or target of the violation of any of the other terms of the AUP or for any other reason which the Company chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts or servers were suspended.

OverEcho, LLC reserves the right to amend its policies at any time. All Customers of the Company must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification Policy:
OverEcho, LLC reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all the Company services at your own risk. OverEcho, LLC specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with the Company's servers; 
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; 
3. copyright infringement and 
4. any defective products sold to customer from the Company's server. 
OverEcho, LLC shall be the sole arbiter as to what violates this Policy.

Contact Information:
You must provide us with, and keep current, good contact information for you. E-mail contacts are used.

OverEcho, LLC is not responsible for the content of any other websites linked to the the Company servers; links are provided as Internet navigation tools only. OverEcho, LLC disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

OverEcho, LLC is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of our services. OverEcho, LLC denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Company.

It is absolutely forbidden to host pornographic content or IRC servers on Virtual Accounts. Virtual Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content:
You, as the Company's Customer, are solely responsible for the content stored on and served by the Company's server.

Server Management Clients

Customer agrees to defend, indemnify and hold harmless the Company against liabilities for any damage caused by, or in connection with any content or services available through us.

One Time Services
One time services include the Essential Server Setup, Fortified Server Setup, kernel upgrades, administrative time, any other non-monthly or non-ongoing services provided by the Company.  No support will be given to these services, including troubleshooting any problems that occur caused by the services, unless the Company so chooses.  OverEcho, LLC reserves the right to refuse additional support.

One hour minimum payments are required with administrative time.

Payments and Fees: Establishment of this service is dependent upon receipt by OverEcho, LLC of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. 

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges. Service will be interrupted on accounts immediately that do not provide payment on the due date.  Early notification is suggested to prevent such interruption in service.

Cancellations/Refunds: Setup Fees, Domaim Registration Fees and One Time Services are NON-refundable under any circumstance, unless deemed appropriate by the Company.  Monthly service charges will not be refunded if the refund is requested after the due date.  The customer may choose to cancel at anytime. To cancel your account, send an email to overecho@overecho.com ticket to the

Confidentiality
OverEcho, LLC will not use or disclose to others customer's "Confidential Information", except when necessary to perform the services under this Agreement. OverEcho, LLC reserves the right to provide this information to its employees, representatives, and contractors. "Confidential information" includes customer's server login information and any information in which the customer has explicitly stated as confidential.  Customer agrees to indemnify the Company on account of the unlikely compromise of the Customer's vital information.

Warranties of Customer. Customer hereby covenants, represents and warrants that:
Customer will not, and will not permit others to, use any Service(s) (i) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity, (ii) in violation of any applicable law or regulation, (iii) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (iv) in connection with any conduct or activity that is, in the sole opinion of OverEcho, LLC, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortuous or violates the rights of any other person or entity; Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s);No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will (i) interfere with or impair any Service(s) or any plant, services or facilities of any Indemnitees or of any third party, (ii) unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnitees or of any third party, or (iii) create, cause or contribute to the creation or causing of a hazard to any Indemnitees or to any third party;

Limitation of Liability
YOU UNDERSTAND AND AGREE THAT OverEcho, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OverEcho, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ANY DIRECT OR INDIRECT RESULT OF OVERECHO SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY DAMAGES TO CUSTOMERS SERVERS CAUSED BY OVERECHO OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.

OverEcho, LLC is not responsible for any damages to Customer's business. Customer agrees not to hold OverEcho, LLC liable for any loss of data or damages to Customer or Customer's business caused by the Company's own negligence or a direct or indirect action by OverEcho, LLC. In the event that such an incident occurs, customer acknowledges that OverEcho LLC's maximum liability shall not exceed an amount equivalent to the charges paid by the Customer for services during the ninety (90) day period prior to the date damages occurred. OverEcho, LLC specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for any loss, loss of profit, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential, direct, or other damages, even if out of negligence. Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against the Company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.

The Customer acknowledges and agrees that the cost of service charged by OverEcho, LLC does not take into consideration possible incidental, consequential, indirect, special, or accidental damages arising out of the use of the service provided by OverEcho. The Customer acknowledges that the limitations set forth in this TERMS OF SERVICE are integral to the cost of service charged by OverEcho, LLC in connection with the usage of services provided by OverEcho, LLC and that were OverEcho, LLC to assume any further liability other than as set forth herein, such costs of service would, out of necessity, be set substantially higher.

THE CUSTOMER AGREES TO USE OverEcho, LLC's services AT YOUR OWN RISK. OverEcho, LLC WILL NOT BE HELD LIABLE FOR ANY DAMAGES TO THE CUSTOMER, THE CUSTOMER'S SERVER(S), or THE CUSTOMER'S BUSINESS IN ANY CIRCUMSTANCE.

This means if OverEcho, LLC logs in to the Customer's server, and damages the Customer's server, websites, or business in any way, OverEcho's maximum liability is the amount equivalent to the actual price paid to the Company during the ninety (90) days prior to the date the damages occurred.

If you do not accept or understand any part of our TERMS OF SERVICE, do not sign up with our service.

By signing up with our service in any form, or utilizing our services in any form, you agree to accept, comply, and understand in full ourTERMS OF SERVICE.

© 2012 All rights reserved, OverEcho LLC