Welcome to EZ Tek Services Inc., the creators of PROSPEKTORTM. We will do our best so you can enjoy your visit, and find that using our service is both productive and easy.
If you ("you") access this site and any pages thereof, or wish to use the EZ Tek Services Inc. (herein referred to as "we", "us" or "EZ Tek Services") service ("Service"), you agree to be bound by the terms of use described in this document. Please read these terms of use carefully. If you do not agree to the terms of use herein listed, do not further access this site or any of its pages. Your continued access to this site constitutes your acceptance of the terms of use herein listed.
Note that any violation of these terms may result in termination of our service to you. EZ Tek Services provides you access to this Web site containing multimedia materials, information, software, and publications on the terms and conditions outlined below. EZ Tek Services, Inc reserves the right to change these terms and conditions from time to time in its sole discretion. Please refer to this page periodically for changes.
EZ Tek Services is committed to protecting author's Copyrights. All the elements on this website are copyrighted property of EZ Tek Services, Inc. or its subsidiaries or affiliated companies and/or third-party licensors and cannot be copied nor imitated, including layouts or concepts within this site. Copyright and other pertaining laws protect all the "digital material" (including animations, photos, music, soundtracks and clips), content and software we offer. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, informational and noncommercial purposes, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
Before you download your PROSPEKTORTM presentation ("digital material"), please read carefully the following terms and conditions of this "License".
By accepting this agreement, you agree that:
- You are to be bound by all of the terms and conditions set out in this license.
- You are responsible for any and all internet service provider, telecommunications and any other charges that may apply as a result of your download of the multimedia material.
- In case you are accepting on behalf of a company, you represent and warrant to the licensor that you have full authority to bind such company.
- You understand that this is a license agreement, not a sale. The product is provided under the following license, which defines what you may do with it and contains limitations on warranties and/or remedies. >
EZ Tek Services Inc. grants you a non-exclusive, non-transferable license to use, reproduce, modify, publish, display and distribute the digital material. For the purposes of this license "you" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this license.
We do not transfer title to the software or any digital material to you. You own the medium on which the presentation is recorded, but we (or third-party licensors) retain full and complete title to the software, digital material and all intellectual property rights therein.
Copyright and all other rights in the digital material shall remain with EZ Tek Services, Inc. and/or its subsidiaries and/or third-party licensors and shall be entitled to enforce any breach by you of this digital image license agreement.
- You may not distribute, resell, sublicense or otherwise make available the digital material for use separately or detached from the original presentation.
- You cannot claim any proprietary rights of any sort on the digital material.
- You may not use the digital material in electronic format, online or in any multimedia applications unless all of the digital materials are incorporated for viewing purposes only.
- You may not rent, lease, sublicense or lend the digital material, or a copy thereof.
- You may incorporate your own images or photos into your presentation using the functionality that our PROSPEKTORTM service provides.
All digital materials are provided on an "as is" and "as available" basis and without warranties of any kind either expressed or implied. To the fullest extent permitted by applicable law, EZ Tek Services Inc. expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. EZ Tek Services Inc. makes no warranty that its site or services will be uninterrupted, timely, secure, or error free, or that this site or our server is free of viruses or other harmful code components. EZ Tek Services Inc. makes no warranty regarding any software, goods, services, special offers, or the delivery of any software, goods or services, purchased, accessed, advertised or obtained through EZ Tek Services' site.
This license constitutes the entire agreement between you and EZ Tek Services, Inc. with respect to the digital material, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This license shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. You hereby consent to the exclusive jurisdiction of the courts of such entity. If any provision of this license is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the license and the other provisions shall remain in full force and effect.
This license will terminate immediately if you fail to comply with any of its terms or conditions. You agree that we may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from us.
There is no fee for creating a PROSPEKTORTM project on our servers. Once you finalize your project and are satisfied with it, you can purchase for immediate downloading and optionally copying onto CD Business Cards. When you create a project, EZ Tek Services will not bill you until you purchase and are ready to download your presentation. All prices listed are in U.S. dollars. Your credit card company will calculate the exchange rate and include it in your monthly statement.
We do not provide refunds for downloadable material. We will not refund the unused credits, in case there is a cancellation. Please ckeck our Refund Policy for details. We may change the rates and otherwise modify this agreement at any time. Changes are effective 30 days from posting to our website.
Items that need to physically be shipped through EZ Tek Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier. Please refer to our Shipping Policy for more information.
Your account is for your use only. You agree not to give your password to anyone else, or allow another person to use your account. You agree to be responsible for all uses of your account for any purposes. Protect your password!
Be aware that we may need to access your account for the following reasons:
- To help you in case you forgot your password. We will send an e-mail, upon your request, to the address from which you opened your account.
- To maintain our service to you and develop new and useful features and services.
- To follow a court order, subpoena, complaint or a lawful request from governmental authorities.
About the material you submit
Under these terms, you may NOT place any of the following material or obtain any such material using the Service:
- Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. EZ Tek Services does NOT allow in any way the use of "adult-content" on this website
- Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material
- Any material sent from an anonymous or false address.
While EZ Tek Services does not and cannot review all submissions, and is not responsible for their content, EZ Tek Services reserves the right to delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any submission may be removed, published, copied, modified, transmitted and displayed by EZ Tek Services for the purposes of delivering the offered services. In addition, you warrant that all moral rights in any uploaded materials have been waived. EZ Tek Services will not be liable for the content of any submission.
Discontinuing inactive projects or canceling the service
EZ Tek Services reserves the right to cancel the service or to discontinue projects that have been inactive for more than 360 days. We may do so, at our discretion, after sending an e-mail warning to the address you used when you first created your project. We may remove your project if you do not respond to the e-mail within 10 days.
Your Privacy
When you purchase your PROSPEKTORTM project, you need to provide some personal information, such as your name, e-mail address, and mailing address. EZ Tek is fully committed to protecting its client's privacy. For more details, please refer to our Privacy Statement.
The electronic mail service provides you with the capability to send
and receive electronic mail via the Internet. EZ Tek Services has
set no fixed upper limit on the number of messages you may send or
receive through its electronic mail service; however, there is a maximum
limit of 50 Mb on the storage space associated with your electronic
mail account. Notwithstanding the foregoing, EZ Tek Services retains
the right, at EZ Tek Services' sole discretion, to restrict the volume
of messages transmitted or received by you in order to maintain the
quality of our electronic mail services to other customers and to
protect our computer systems.
You agree to be bound by the applicable provisions of this user agreement
in connection with your use of the electronic mail services described
in this section.
You acknowledge that your use of EZ Tek Services electronic mail services,
including the initiation or delivery of any unsolicited electronic
mail messages, may subject you, as applicable, to criminal or civil
liability.
EZ Tek Services electronic mail service is subject to scheduled and
unscheduled outages which will impact your ability to use the electronic
mail service. EZ Tek Services will not refund fees, if any, you have
paid for the electronic mail service if you elect to transfer your
domain name to a third party.
Your right to use EZ Tek Services electronic mail service is personal
to you. You agree not to resell the electronic mail service, without
the prior express written consent of EZ Tek Services. EZ Tek Services
will not monitor, edit or disclose the contents of your private communications
with third parties unless required to do so by law or in the good
faith belief that such action is necessary to: (1) conform to the
law or comply with legal process served on EZ Tek Services; (2) protect
and defend the rights or property of EZ Tek Services; or (3) act under
exigent circumstances to protect the personal safety of our customers
or the public.
You acknowledge and agree that EZ Tek Services neither endorses the
contents of any of your communications nor assumes responsibility
for such content, including but not limited to any threatening, libelous,
obscene, harassing or offensive material contained therein, any infringement
of third party intellectual property rights arising there from or
any crime facilitated thereby.
You acknowledge and agree that certain technical processing of email
messages and their content may be required to: (1) send and receive
messages; (2) conform to connecting networks' technical requirements;
(3) conform to the limitations of electronic mail service; or (4)
conform to other similar requirements.
You agree that EZ Tek Services shall under no circumstances be held
liable on account of any action it takes, in good faith, to restrict
transmission of material that is or any user of electronic mail service
considers to be obscene, lewd, lascivious, filthy, excessively violent,
harassing, or otherwise objectionable, whether or not such material
is constitutionally protected.
The Electronic mail service is subject to the terms outlined in
the "Hosting Fees" and the Cancellation sections below.
EZ Tek Services receives credit card payments using MasterCard or
Visa cards. EZ Tek Services has the authority to charge for services
requested or pending hosting using the credit card information you
provide for charging on your account. Unless otherwise specified
herein, each Service is for a six-month term and is renewable thereafter
for successive six-month terms, as set forth during the renewal
process.
Any renewal of your Services with us is subject to our then-current
terms and conditions, including, but not limited to, payment of
all applicable Service fees at the time of renewal.
By taking out hosting services and selecting a billing payment cycle
(monthly) you are agreeing to EZ Tek Services placing your account
on a recurring payment plan. Upon receipt of an invoice, unless you
indicate that you would like to cancel the account or stop the charges,
the account will automatically be re-billed according to the information
contained within the invoice. (See Cancellation section below for
details on how to cancel your account.)
Hosting fees are paid one month in advance. Unless you indicate
otherwise, the charges will automatically be placed on the credit
card we have on file. You must inform us if your credit card information
changes. If we are unable to charge your credit card by the due
date indicated on your invoice, services will be suspended for non-payment.
After 30 days, a suspended account will automatically be deleted
from our system. When an account is deleted from our system, all
copies of the website files are permanently and irretrievably removed
from our servers.
If an account has been suspended for non-payment, it will only be
reactivated upon payment of all overdue fees and a reactivation
fee.
If we receive any notice from your credit card company that you
are disputing a charge for your account, or any notice that you
have requested a refund for a charge, EZ Tek Services will honor
the request and refund the fee. This refund will result in the account
being overdue for payment, which will result in the account being
suspended. The suspended account will only be reactivated once all
disputed/refunded fees are re-charged as well as the administrative
fee to cover fees charged to EZ Tek Services by our bank, resulting
from your dispute
You agree to pay all value added, sales and other taxes (other
than taxes based on EZ Tek Services' income) related to the Service(s)
provided to you hereunder. All payments of fees for the Service(s)
provided by shall be made in U.S. dollars.
You are solely responsible for the credit card and billing contact
information you provide to EZ Tek Services and you acknowledge and
agree that you will promptly inform EZ Tek Services of any changes
thereto (e.g., change of expiration date or account number). You
are solely responsible for ensuring the Services are renewed. EZ
Tek Services shall have no liability to you or any third party in
connection with the renewal or any attempt to renew the services
as described herein, including, but not limited to, any failure
or errors in renewing or attempting to the services.
We reserve the right to cancel any account for violation of our
user agreement.
If you do not wish to continue hosting with EZ Tek Services, it
is your responsibility to contact our customer service department
to cancel your account. All cancellation requests must be submitted
via electronic mail to customerservice@prospektor.net or contacting
directly our customer service department. You will need to indicate
when you would like to cancel the account (30 days minimum) and
your plans for transferring the domain name that we host for you.
Accounts on monthly billing cycles will not receive any refunds
for unused days.
We may make software from third-party companies available to you. You must first agree to the respective software licenses and/or warranties in order to download such software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. We do not guarantee that any software you download will be free of viruses or any contaminating or destructive code. We do not offer any warranty on any third-party software you download using our service.
We usually provide links to third-party sites that might be of interest to you. EZ Tek Services has no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's administrators with any concerns.
You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account.
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH EZ TEK SERVICES' SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EZ TEK SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EZ TEK SERVICES MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL CODE COMPONENTS. EZ TEK SERVICES MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED, ADVERTISED OR OBTAINED THROUGH EZ TEK SERVICES' SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EZ TEK SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF EZ TEK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE EZ TEK SERVICES' SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEB SITE AND PUBLICATIONS. THE WEB SITE AND PUBLICATIONS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EZ TEK SERVICES, INC ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS IN THE WEB SITE AND PUBLICATIONS AND IN ANY OTHER REFERENCED OR LINKED DOCUMENTS.
You are responsible for compliance with all local laws, and you are required to comply with U.S. or Canadian export laws and regulations when you use or export any software or materials provided through the service.
We may assign our rights and responsibilities hereunder without notice to you.
We may make changes to the content, available software, web site, publications, prices, technical specifications and product offerings at any time and without notice.
Distribution of the web site and publications is international and may contain references to our services or products that have not been announced in all countries. These references do not imply that we intend to announce such services or products in your specific country.
To use our service, you must be at least 13 years old. If you or your parent or guardian have any concerns, please feel free to contact us.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the terms will continue in effect. These terms constitute the entire agreement between you and us with respect to the service, and supersede all other communications, written or oral, with regard to the Service.
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