Terms and Conditions - EcardSystem.com Subscriptions

This document details the terms and conditions of service between EcardSystem.com, and application subscribers.

I. PAYMENT
All applications are subscribed to on a per quarter fee charged recurrently by our third party payment processor, Clickbank.com. The quarterly fee is subject to change without notice, however the Subscriber can request to have the last month's fee refunded if they chose to leave during the first month any fee increases are made.

II. TERMINATION
Subscribers can terminate the Ecard application or account at any time by notifying EcardSystem.com. Subscribers should notify EcardSystem.com within 10 working days of the next billing cycle, to ensure that their application or account payment is stopped before the next cycle. EcardSystem.com reserves the right to terminate a subscription or account at any time, for any reason, including but not limited to violations of the acceptable use as defined below.

III. ACCEPTABLE USE
All Subscribers are responsible for their own behavior and any actions they commit that impact EcardSystem.com, any third parties, or our ability to serve other Subscribers adversely are prohibited. This may include, but not be limited to, any attempts to compromise our server(s), to harass or violate the privacy of any party, the violation of applicable laws, using the applications to sending Spam to any third party without their consent, or unreasonably or abnormally heavy use of the services. We reserve the right to suspend or terminate any application subscription(s), or any Subscriber account at any time without notice if we deem necessary for any reason.

Subscribers are prohibited from using the applications to gather, harvest, or steal personal data for improper use, including but not limited to collecting emails for Spam lists.

IV. DISCLAIMER
While EcardSystem.com makes every reasonable effort to maintain high standards of performance, EcardSystem services are not intended for applications that are mission critical, such as where any critical loss of data, information, or other damage would result from any downtime or errors on the part of the applications or EcardSystem.com. The Subscriber understands fully and agrees that web applications by their nature are prone to security and data loss risks, and takes responsibility for insuring the appropriate level of data redundancy and verification.

THE SUBSCRIBER AGREES ECARDSYSTEM.COM WILL NOT BE HELD LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR PUNITIVE DAMAGES. ANY LIABILITY ON THE PART OF ECARDSYSTEM.COM TOWARDS THE SUBSCRIBER OR ANY THIRD PARTY WILL BE LIMITED TO NO MORE THAN THE PAYMENT RECEIVED BY ECARDSYSTEM.COM FOR THE SERVICES PROVIDED OVER THE PAST 12 MONTH PERIOD.

EcardSystem.com reserves the right to terminate an application or account, at their sole discretion.

V. DOWNTIME
In the case of downtime of more than 5% in a given month for any given application, EcardSystem.com will refund that month's fee. EcardSystem.com does not, however, take any liability for losses or damages caused by failure, downtime, or errors resulting from the applications or EcardSystem.com's actions. The downtime refund does not apply to downtime caused by the Subscriber's installation, configuration, or operation of the application.

VI. CHANGES, UPDATES, AND MAINTENANCE OF THE TERMS OF SERVICE
EcardSystem.com reserves the right to change or update the Terms and Conditions at any time by posting an updated Terms and Conditions webpage on the EcardSystem.com site. EcardSystem.com maintains the sole right to interpret the Terms and Conditions when not clear.

VII. JURISTRICTION
All questions arising in the Terms and Conditions shall be decided based on the laws of the state of Oregon, U.S.A.