Terms & Conditions

Below follows the Terms & Conditions for EcoSnap, Inc., hereafter referred to as "EcoSnap"

The terms and conditions constitute the full and complete agreement between you and EcoSnap. Your agreement to be bound by these terms is acknowledged by your use of the EcoSnap and any EcoSnap software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and EcoSnap, whether oral, written or otherwise including any statements made by any representative of Lunarpages at any time.

FEES

  • Fees - EcoSnap charges the following fees where applicable. All such fees are subject to change at any time. Not all fees are applicable to all accounts.
  • Set-Up Fee: This is a one time fee may that be charged in connection with the establishment of a new account.
  • Service Fee: This is the fee for your monthly or annual web hosting services.
  • Domain Registration Fee: This is the fee for the registration of a domain name and is non-refundable.
  • Other Service Related Fees – These are fees for additional services that you may choose to add to your account.

EcoSnap also reserves the right to alter, change, amend or delete fees at its sole option. EcoSnap further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

EcoSnap reserves the right to propose subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. EcoSnap also reserves the right to change the rate charged for any such fee under this agreement.

PAYMENT

EcoSnap accepts payment by Credit Card (Visa, MasterCard, Discover, and American Express) and PayPal. In addition, EcoSnap may from time to time allow additional forms of payment. However, the offering of a particular form of payment does not obligate EcoSnap to continue to offer that form of payment in the future. The current list of payment options will be displayed during the order process. If you have any questions concerning the current available payment options please contact us.

Prior to activation of your user account and at any applicable time thereafter you agree to allow EcoSnap to charge your provided credit card or bank account and at stated regular intervals the agreed service fee amount for the stated period together with any EcoSnap set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize EcoSnap to charge your credit card or bank account for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You agree to maintain current valid existing credit card or bank account information with EcoSnap for the purpose of satisfying the EcoSnap charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of EcoSnap. An administrative fee of $25.00 may be charged for the refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such charge for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of EcoSnap.

30 DAY LIMITED MONEY-BACK GUARANTEE

EcoSnap is proud to offer a 30 day money back guarantee period. Upon receipt by EcoSnap of proper notice from you (the customer) of the termination of your account within thirty (30) days of the creation of a new account or within thirty (30) days of the renewal of an existing account, EcoSnap will refund all service fees for the new term. Terminations after this period are not eligible for refund. There are no refunds of account Set Up Fees or Domain Name Registration Fees. EcoSnap may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder.

WEB HOSTING

For the term of the agreement as set forth EcoSnap agrees to provide Web Hosting Services according the plan selected by you upon activation of your account. EcoSnap reserves the right to change, amend and/or otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. The specifics of any particular offer are contained within the offer itself as published on EcoSnap at the time you create your account and remain in effect throughout the term of your agreement. The specifics of all current offers are located within the EcoSnap Website. Web Hosting Services shall be defined as server space and data transfer allowances for the purposes of displaying a business or personal website.

DOMAIN REGISTRATION

EcoSnap will not own or otherwise control any domain name registered on your behalf. EcoSnap provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against EcoSnap for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and/or use of the Domain Name. You hereby agree to pay any costs incurred by EcoSnap to register and/or maintain the Domain Name on your behalf by EcoSnap under the payment provisions of this agreement elsewhere herein.

OTHER SERVICES

EcoSnap offers a listing of additional services in conjunction with its Domain Registration and Web Hosting Services. The terms of these services are governed by this agreement.

General Billing Info

The Registered Name Holder shall provide to EcoSnap accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation.

A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to EcoSnap, or its failure to respond for over fifteen calendar days to inquiries by EcoSnap concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.

Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.

ACCEPTABLE USE

EcoSnap strictly enforces compliance with its acceptable use policy. The terms of the acceptable Use Policy are incorporated into this agreement as though they were fully set forth at length herein. You agree to maintain your website in full compliance with the terms of the acceptable use policy. Failure to so comply is cause for immediate suspension and/or termination. EcoSnap reserves the right to refuse to provide service to anyone at their sole option.

LICENSE

EcoSnap, subject to the terms and conditions set forth herein, hereby grants you a non-exclusive, limited, personal, license to use the EcoSnap Web Hosting Service for the term of the agreement. Your rights under this agreement may be assigned only upon prior notice and express approval by EcoSnap. Any other assignment is null and void.

OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY

It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of EcoSnap including but not limited to the EcoSnap customer service and maintenance tools. You acknowledge that all right and title to any such EcoSnap intellectual property shall remain the sole property of EcoSnap and that you have no right, title or interest therein. You further agree not to provide access to the EcoSnap services to any third party. You agree yourself and not to assist any third party in any way to use, translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the EcoSnap Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the EcoSnap service shall also remain the sole property or EcoSnap.

During the term of this agreement you may have access to certain information and materials relating to the EcoSnap business, customers, software technology and marketing which EcoSnap treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement: hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of EcoSnap; and not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

You are the sole owner of any information that you post within your account area. EcoSnap does not normally review or edit the information posted within your account. Notwithstanding the above EcoSnap specifically reserves all right to edit, change, remove or delete any information posted in violation of this policy, the EcoSnap Acceptable Use Policy or any applicable law, order or public policy. EcoSnap is not your partner, associate, joint venture or agent with respect to any information placed by you on the EcoSnap servers.

TERM

The initial term of this agreement shall be the period selected by you at the commencement of your account. Periodic accounts (monthly, annual, biannual) are automatically renewed and are charged in the same manner you selected at the commencement of your account. Any Additional services are renewed for the same period as the corresponding hosting service. A listing of the presently available plans is available on the EcoSnap website located at EcoSnap.

SUSPENSION AND TERMINATION

Suspension - At the sole option of EcoSnap for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to “Payment of Fees” or any violation of the EcoSnap Acceptable Use Policy, EcoSnap may suspend your account by deactivating any access by you and/or by web users to any information contained on the EcoSnap servers related to your account while maintaining the information and data related to your account upon the EcoSnap servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified. At the option of EcoSnap you may be given an opportunity to correct such breach or violation. Upon being notified of an opportunity to correct such breach or violation, if such breach or violation is not corrected the account may be terminated. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.

Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the EcoSnap servers. Such information or data may or may not be made available to you by EcoSnap after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth or (b) except as otherwise stated herein by either party upon 45 days notice in advance of a renewal period for any reason.

In the event of termination there will be no refund provided to you. In addition, EcoSnap may charge you an additional termination fee not to exceed $100.00 at its sole option. The assessment of this termination fee shall not affect the rights of EcoSnap to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or other costs of any kind as may be applicable under California Law

INFORMATION USAGE AND COMMUNICATIONS

You hereby consent and agree that as to any information which EcoSnap may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from EcoSnap concerning you or your account, or other information which in EcoSnap sole judgment is reasonable, EcoSnap may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of EcoSnap and may include but shall not be limited to compliance with court order, subpoena or other request of any State or Federal government, compliance with the Electronic Communications Decency Act, compliance with the Digital Millennium Copyright Act compliance with the EcoSnap Terms of Service or other policies.

During and after the term of this agreement you agree to receive periodic emails from EcoSnap in regards to EcoSnap or partner products, services, your account, and system conditions, changes, updates or and schedules.

You agree to provide and at all times during the term of this agreement maintain true and accurate account information on file with EcoSnap specifically including your Name, Address, Email address, telephone number billing information and any other account information requested at any time during the sign up process. You further agree that the failure to provide or maintain such accurate information is a material breach of this agreement and subjects your account to suspension and/or termination.

NOTICE

Any notice under this agreement shall be given by EcoSnap to you via email at the address provided by you to EcoSnap at the commencement of this agreement or as EcoSnap is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by updating your profile in the EcoSnap client area - click here.

Any notice by you to EcoSnap shall be made by contacting us and is effective only upon receipt by EcoSnap of any such notice. Such notice may also be sent via United States Mail to the following Address:

EcoSnap, Inc.
1660 Lansdowne Rd
Ann Arbor, MI 48105

WARRANTEES

EcoSnap makes every reasonable effort to maintain operation of the EcoSnap service, however because as many events and circumstances are beyond the control of EcoSnap, EcoSnap does not in any way warrant or otherwise guarantee the availability of the EcoSnap system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of EcoSnap.

THE EcoSnap SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

In general, EcoSnap has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. EcoSnap accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. EcoSnap provides no warrantee for any goods or services which you obtain through the Internet nor the compatibility of any such services with the EcoSnap system.

You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO EcoSnap IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL EcoSnap BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

INDEMNITY

You agree to fully defend and indemnify and hold harmless EcoSnap of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of EcoSnap in any way related to your use of the EcoSnap service or any portion thereof.

You agree to fully defend and indemnify and hold harmless EcoSnap of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the EcoSnap service or any portion thereof. Choice of counsel remains exclusively that of EcoSnap.

You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless EcoSnap of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of EcoSnap.

MAJOR FORCES

Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

U.S. EXPORT CONTROLS

Software available in connection with the EcoSnap services is subject to United States export controls. No Software may be downloaded from EcoSnap or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the any downloaded Software or software component is at your sole risk.

ASSIGNMENT

Your rights under this agreement may be assigned only upon prior notice and express approval by EcoSnap. EcoSnap may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of EcoSnap. Any other attempted transfer or assignment of rights hereunder shall be null and void.

SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

CHOICE OF LAW

This Agreement shall be interpreted under the laws of the State of New York without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of New York, County of Kings. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

NO AGENCY

Notwithstanding any other provision of this agreement, EcoSnap is not your agent, partner or joint venturer in any respect.

AMENDMENT

EcoSnap may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the EcoSnap web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.