- General
- Services
- Use of Service
- Service & Rate Changes
- Minimum Age Requirements
- Billing/Payment
- Delinquent or Non-payment
- Cancellation of Service
- Early Termination Charges
- Indemnification
- Limitation of Liability
- Warranty Information & Disclaimers
- Content
- Hardware & Software & Compatability
- IP Addresses
- United States Domain Names
- Other Country Domain Names
BY YOUR USE OF ELECTRONIC ART SERVICE YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED HEREIN. Read the following in its entirety as it contains the Terms and Conditions for use of ELECTRONIC ART, LLC and its affiliates (hereinafter "ELECTRONIC ART") services and your use of the services constitutes acceptance of these Terms and Conditions and acknowledgement of a binding contract based on the same. These Terms and Conditions, together with ELECTRONIC ART's Acceptable Use Policy (herein referred to as "the AUP"), all applicable pricing and software license agreements and any written agreements executed by both parties represents the complete agreement ("Agreement") between ELECTRONIC ART and you, the account holder or user (herein referred to as "you" or "yourself'). The current Terms and Conditions and AUP supersede any other written or oral agreement pertaining to your ELECTRONIC ART service, other than a specific written contract signed by both parties. In the event of such specific written contract signed by both parties, these terms and conditions and the written contract shall constitute the entire contract and in the event of a direct conflict between the two, the terms and conditions of the written agreement shall govern as to the specific conflict.
Do not use Electronic Art Services if you do not agree to be bound by these Terms and Conditions. If you currently have a Electronic Art account and do not want to be bound by these Terms and Conditions immediately end your use of Electronic Art services and notify Electronic Art Customer Service by phone to close your account. If you have any questions regarding these Terms and Conditions it is your responsibility to contact Electronic Art.
You agree that Electronic Art may revise the Terms and Conditions of this Agreement as set forth below at any time by posting on our web site at http://www.electronicart.com/web/terms. You agree to review this site for revisions. By your continued use of Electronic Art services after the effective date of any revision, you agree to be bound by and comply with the revised Terms and Conditions and revised AUP.
As an account holder, you bear full responsibility for communications and/or content provided via your Electronic Art account and all charges to your account. In addition to this agreement, you agree to abide by the terms and rules of any third party servers, networks or systems, that you may make use of or access with your Electronic Art account.
You assume responsibility for all conduct and content transmitted or stored using your account, with or without your knowledge or consent. You agree to protect and maintain the security of your account, password, files and data, network and user access, and any information and messages transmitted or provided via Electronic Art and any other Internet service.
Electronic Art reserves the right to provide information through distribution of a newsletter through either electronic means or via U.S. Mail.
3. Use of Service: Compliance with AUP & Laws
You agree to comply with the Electronic Art Acceptable Use Policy (AUP), all service specific AUPs and all applicable laws. When Electronic Art has reason to suspect any violation of this Agreement or any statute or regulation or AUP, we may, at our sole discretion, begin an investigation or take such other action, as we deem appropriate under the circumstances. Such an investigation may include, but not be limited to, gathering information from and about the account holder, including examining the content of personal electronic communications, web pages, and any other data or files on Electronic Art's systems. By using the Services you consent to such investigation. During an investigation Electronic Art may suspend account access, and remove or deny access to files and data, as we deem necessary. You agree to cooperate with any such investigation.
In the event that Electronic Art, at its sole discretion, determines that a violation of this Agreement or AUP has taken place, may, but is not obligated under this agreement to, take enforcement measures. Such enforcement is at Electronic Art's sole discretion and may include, without limitation:
Notices and/or warnings about future violations. Suspension or termination of any or all Electronic Art Internet accounts and Services used to violate this Agreement, the AUP, any state or federal law and/or belonging to the account holder. Electronic Art reserves the right to discontinue any and all Services to you, at any time, and without notice when Electronic Art determines that your account has been used to violate this agreement, the AUP or any state or federal law.
Removal of any or all messages, files and/or data stored on or transmitted via Electronic Art systems. Filing of criminal charges or initiation of civil action, as Electronic Art sees fit, against the account holder and/or parties known or unknown.
Requiring payment for actual costs, lost income, and other liability and/or a $200 handling charge for each event in which this Agreement, the AUP or any state or federal law was violated.
Electronic Art reserves the right to restrict or prohibit access to any part of its system, at its sole discretion and as it sees fit, to protect its interests, the interests of the majority of its users, and to maintain consistent availability of system resources. You agree that for each violation, Electronic Art may, at its sole discretion, bill you a handling charge for actual costs, lost income, and other liability incurred due to said violation. You agree to remit the billed amount within 30 days of receipt of such billing. You agree that, absent payment in full, Electronic Art may bill your credit card directly or submit the billing for collection.
Electronic Art's reservation of rights does not imply nor impose on Electronic Art any obligation to monitor or enforce your obligations under these Terms and Conditions or the AUP or your compliance with any state or federal law.
Any use of Electronic Art software or third-party software distributed by Electronic Art is governed by the end-user license agreement that accompanies the software. Use of such software indicates your complete agreement with and acceptance of any and all terms in any such license agreement.
Due to the changing nature of various factors affecting technology, telecommunications and the Internet Electronic Art may, at its sole option, decide to change services and/or rates from time to time. Electronic Art reserves the right to change or discontinue services or rates at any time upon 15 days notice. Notices may be given electronically via e-mail, by posting on the Electronic Art website, or by telephone contact and shall be deemed given when sent, when posted or when contact is made. In the event that you do not agree to such service or rate change you may 1) if you are on a month-to-month account, terminate your account or 2) if you have committed to a specific term, notify Electronic Art by phone of your intent to terminate the account and if the service or rate change is determined to apply to your account then you may cancel without incurring an early termination fee. Any reduction in fees will not apply until such time as an account is renewed.
Electronic Art account holders must be at least eighteen (18) years of age.
You agree to provide Electronic Art with complete and accurate billing information at the time your account is created and to update this information within 30 days of any change. Such billing information includes, without limitation, your legal name, mailing address, and telephone number(s) and any applicable e-mail addresses. Providing false billing information shall be cause for immediate and permanent termination of the account. You agree that you are responsible for making payment in full for any account you have opened.
Electronic Art bills in cycles (the "Billing Cycle"). Charges for new accounts may be prorated. Charges for terminating accounts are not prorated. Service payments may be required in advance of receiving Services. The starting date of the billable period will be the earlier of the day we receive the electronic order form, the day customer signs up via fax or the day a phone order is received and entered.
Unless otherwise agreed based on the Service provided and applicable fee schedule or in specific written contract signed by both parties, Payment is due upon the due date noted on the bill. Delinquent accounts are those that remain unpaid 5 days after the due date. Invoices with payment terms of Net 30, become delinquent if payment in full is not received by the end of the term. Delinquent accounts may incur a late charge up to the maximum amount allowed by law.
Payment for Services Received - You agree to pay for all of services you receive at the rates posted on Electronic Art website or at the rates otherwise contractually agreed to. It is the customer's responsibility to keep track of all additional services received, including but not limited to additional email addresses and data transfer and data storage in excess of the amounts included in your base service plan. Electronic Art will bill you for such additional services as they are provided.
Data Privacy Policy - Electronic Art agrees not to use cardholder names, account numbers or other credit card transaction information embossed, encoded, or appearing in any other manner on a card for any purpose other than for the sole purpose of assisting Electronic Art in completing the transaction, or as specifically required by law. Electronic Art also agrees not to disclose or remit cardholder names, account numbers or other credit card transaction information embossed, encoded, or appearing in any other manner on a card or any other document or form evidencing such information to any third party other than the financial institution or its designated agent. Electronic Art further agrees to store all materials containing cardholder names, account numbers or other credit card transaction information including, without limitation, sales drafts and credit transaction receipts in a secure area limited to selected personnel and, prior to discarding, to destroy this data in a manner rendering it unreadable.
Data Security Method - Customer data is transmitted via Secure Sockets Layer (SSL). To find out if your transaction is guarded by SSL, look for the picture of the unbroken key or closed lock in your browser window (both the Netscape Navigator/Communicator and Microsoft Internet Explorer browsers use SSL). Either indicator means SSL is hard at work. (If you don't see either one, or if you see a broken key or an open lock, that means SSL is definitely not hard at work protecting your transaction.) The easy way, you can tell if SSL is guarding your transaction is to check the URL of the site you are visiting. It should change from "http" to "https" when processing secure transactions.
Payment Methods:
Credit Card or Automatic Bank Withdrawl: If the payment method is credit card, the customer may obtain a copy of the invoice upon request via e-mail and it will be sent to the address listed on the e-mail account. Depending on the Service Electronic Art may also automatically send you an invoice via e-mail on or prior to the billing date. You do not need to respond to this e-mail, it is for informational purposes only. Electronic Art's system will automatically charge your credit card or withdraw the amount due from the bank account for the payment. If for any reason your credit card company or bank refuses to make payment of the amount billed to your credit card or submitted for automatic withdrawal on your checking account, your account will be placed in a delinquent status, which may, at Electronic Art's sole discretion, include immediate suspension without notice. It is your responsibility to contact Electronic Art with updated information and payment arrangements if you cancel the applicable credit card or change banks associated with the automatic withdrawal.
Checks or Money Orders: If you are set up to pay by mail in check you will be invoiced in advance of the start of the new period. This will allow you time to mail in payment to ensure your service is continued un-interrupted. If or some reason (vacation, travels etc.) you feel you do not have time to mail payment in time to prevent un-interrupted service it is your responsibility to call Electronic Art and explain the situation. You are responsible for payment for the Services regardless of if you receive an invoice. Electronic Art reserves the right to charge a $20 service charge for each returned check and to immediately send any returned check to collection. You are responsible to ensure that payment to Electronic Art made by check or money order is sent to:
Electronic Art
118 William Howard Taft Rd.
Cincinnati, OH 45219
Attn: Billing
Out of country sign ups: All customers signing up for service, who are not located in the United States, must submit payments via credit card only. When signing up, Electronic Art requires a faxed copy of the front and back of the credit card that will be used to make payment for services contracted. Please Fax this information to : Electronic Art, Attn: Credit Card Authorization, Fax Number 1-513-321-1771. All payments made to Electronic Art for Services must be done in US Currency only. A currency conversion chart is available on request.
Electronic Art reserves the right to remove or suspend access to an account without notice that has an outstanding balance for monthly recurring fees, setup fees, handling charges, or any other fees and charges that may be due and also reserves the right to remove or suspend access to any other accounts, regardless of their payment status, you have in your same name until such charges are paid. Suspended accounts continue to accrue charges until restored or purged, even if the account holder does not use the account. Accounts that are delinquent by more than 30 days may be purged from the system without notice and without recourse to the account holder for any lost files or data stored on Electronic Art's systems. The balance due on any account purged from Electronic Art's system remains due and may be sent to collection if not paid in full. You agree to pay Electronic Art all costs, including attorney fees and court costs associated with Electronic Art's collection of your past due amounts.
Electronic Art will not release domain names for any account holder with an outstanding balance due. Electronic Art also reserves the right to hold any collocated servers or other equipment owned or otherwise placed and used by you on Electronic Art premises and not allow removal of such from Electronic Art premises until all balances due Electronic Art are paid or if such balances are not paid Electronic Art may take any and all legal steps to use the proceeds of such servers and/or equipment to satisfy any such balances owing.
Payment by fraudulent means for any Electronic Art account or service will result in immediate and permanent termination of the account and may result in possible civil damages and criminal penalties. Electronic Art prosecutes check and credit card fraud.
Electronic Art reserves the right to charge a service reconnection fee to reinstate suspended accounts.
Electronic Art reserves the right to require, as permitted by law, the customer to reimburse Electronic Art for reasonable costs incurred with collecting delinquent charges. Such costs may include, but are not limited to, collection agency fees as well as the costs of internal collection resources and attorney fees.
Unless otherwise subject to a term commitment, this Agreement shall be on a month-to-month basis until cancelled by you or Electronic Art. Likewise, upon completion of any term commitment our Agreement will be on a month-to-month basis until cancelled by you or Electronic Art. All cancellation of service requests for Electronic Art accounts must be given via a telephone call to Electronic Art's Customer Care Center (Telephone number available on the contact section of Electronic Art's website) or must be in writing via US Mail to be effective. Such requests must be received by 5PM Pacific Standard Time on the last day of each month, in order to be processed by the end of the same month. If your payment is set up via credit card or automatic withdrawl it is your responsibility to assure that such charges or withdraws are stopped upon termination of service as Electronic Art's responsibility for any such charges collected after the alleged termination of service shall be limited to refund of one months charges collected from you. Cancellations will be effective as of the end of the customer billing cycle.
All services without a term commitment will be billed through the end of the current billing cycle after disconnect notification is received.
If you are subject to a term commitment and cancel service prior to the end of the term liquidated damages in terms of early termination charges will apply as follows:
Up to Twelve month term: If your term commitment is for 12 months or less and you cancel or terminate other than due to a material, uncured breach by Electronic Art then you agree to pay liquidated damages equal to 3 times the monthly plan price for all contracted services or the remainder of the contracted price if less than 3 months remain in the contract.
Two year term: If your term commitment is 24 months or less, but greater than twelve months, and you cancel or terminate other than due to a material, uncured breach by Electronic Art then you agree to pay liquidated damages equal to 4 times the monthly plan price for all contracted services or the remainder of the contracted price if less than 4 months remain in the contract.
Three year term: If your term commitment is for 36 months or more, but greater than 24 months, and you cancel or terminate other than due to a material uncured breach by Electronic Art then you agree to pay liquidated damages equal to 6 times the monthly plan price for all contracted services for the remainder of the contracted price if less than 6 months remain in the contract.
You also agree that any equipment you received but were not charged for or which was discounted will be returned to Electronic Art. You acknowledge and agree that various benefits were given to you in exchange for your agreement to enter into a term commitment contract, which benefits may have included better price terms and/or waiver of certain costs of the service and that a precise measurement of damages arising from your failure to comply with your term commitment would be extremely difficult to measure, thus you agree that the liquidated damages listed above are a just and reasonable measure of damages resulting from such non-compliance.
You agree to defend, indemnify and hold Electronic Art, our officers, directors, employees, and agents, harmless from any and all claims, losses or damages related to any action, in whole or in part, taken by you or any person using your account, including but not limited to, any violation of this agreement, the AUP or any state or federal law, any viewing by or exposure of any minor or other person to any content on the Internet and/or any disputes which result from or are related in any way to the content of information passing through Electronic Art's network or equipment or to your use of Electronic Art services, equipment, bundled software, or the Internet. You agree to defend, indemnify and hold Electronic Art, our officers, directors, employees, and agents harmless from all claims, losses and damages, including costs and attorney's fees from any such actions.
You understand, agree and acknowledge that in no event and under no legal theory, shall Electronic Art be liable to you or any third party for the any damages, business loss, revenue decrease, loss of your domain name, expense increase, lost profits, costs of substitute products/services or any consequential, special, incidental, punitive or indirect damages of any kind arising from your use or inability to use, any of Electronic Art's services, any malfunction or incompatibility of technologies included with Electronic Art's services, any technologies added, removed or altered by customer or third party, including but not limited to, scripts and/or software used for or on the creation or operation of customer's website, or any breach of this Agreement. All of the foregoing is applicable regardless of whether Electronic Art has been advised of the possibility of such damages. You understand and agree the Services are priced in a manner that contemplates such limitations of liability.
You agree that you will not sue and are not entitled to recover any damages whatsoever from Electronic Art, its officers, directors, employees, members, affiliates, subsidiaries, consultants and agents, as a result of Electronic Art's decision to remove material from our servers, cancel a posting, warn you, suspend or terminate your account or take other action during the investigation of any suspected violation of law or the AUP or as a result of any conclusion by Electronic Art that any such violation has occurred. In no event shall Electronic Art's liability exceed the initial fee or one (1) month's fee paid by customer to Electronic Art. This limitation of liability and risks is reflected in the price of Electronic Art's services.
12. Warranty Information & Disclaimers
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT Electronic Art MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE REGARDING ANY SERVICE, USE OF THE SERVICE, HARDWARE, SOFTWARE, OR THE QUALITY, ACCURACY, OR VALIDITY FOR THE DATA AND/OR INFORMATION AVAILABLE.
You acknowledge that the information available through the interconnecting networks (including the Internet) may not be accurate and that Electronic Art has no ability or authority over the material. Use of information obtained from or through Electronic Art is at the risk of the customer.
You understand, agree and acknowledge that certain technologies, developments and innovations are being licensed, or co-branded, from or by, third-party entities and that Electronic Art makes no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), technology, equipment data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through Electronic Art, or any other third-party, directly or indirectly, is at your risk.
Use of the Internet and the information available through it is at your own risk. Many sites and areas provide access that could be considered harmful or offensive or material that is intended for adult audiences.
Electronic Art exercises no active control over the content of user provided or requested information passing through our network or systems. You should anticipate that disputes might arise between yourself and other individuals and entities related to such content. Such disputes, either based in fact or the imagination of one or more parties, may involve, but are not limited to: infringement of copyrights, trademarks, or other intellectual property rights; the use or misuse of domain names; defamation; invasion of privacy; fraud; spelling and grammar; the accuracy of quotations and other statements; and the use or misuse of information. Electronic Art will take any and all appropriate steps set forth in the Digital Millennium Copyright Act (17 USCS 101 et seq.), including possibly taking down materials on a site or restricting access to the site upon receipt of a 'complaint' under such Act, to protect itself from liability in regards to allegations of copyright infringement. You agree that Electronic Art is not responsible for mediating or providing mediation for disputes between yourself and other parties. You agree to sole responsibility for content provided by or viewed by use of your Electronic Art account. You agree that all claims, disputes, or wrongdoing which result from or which are related in any way to the content of information of information passing through or stored on Electronic Art's network or equipment are your sole and exclusive responsibility. You agree that the terms of this Agreement and the AUP will be complied with.
Electronic Art makes every effort to comply with applicable laws, including without limitation the Electronic Communications Privacy Act 18 U.S.C. 2710 et seq., Digital Millennium Copyright Act 17 U.S.C. 101, et seq. and the Communications Decency Act 47 U.S.C. 230, et seq. Electronic Art also complies with appropriate requests from government agencies. Electronic Art may, as we see fit and for any reason, access and/or disclose the user names and billing information of account holders, the contents of any electronic communications passing through our network, the contents and/or copies of any data stored on Electronic Art systems, and any other information, without limitation, that we consider necessary or appropriate. Electronic Art cooperates with law enforcement agencies in investigating suspected illegal activities. Electronic Art reserves the right to report to law enforcement any suspected illegal activity of which we become aware.
14. Hardware, Software & Compatability
ALL HARDWARE, SOFTWARE OR EQUIPMENT SOLD OR OTHERWISE PROVIDED TO YOU BY Electronic Art, OTHER THAN ON A LEASED BASIS, SHALL BE ON AN "AS IS" BASIS AND Electronic Art EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE REGARDING SUCH HARDWARE, SOFTWARE OR OTHER EQUIPMENT. A manufacturer's warranty may or may not be available to you-such matters shall be between you and the manufacturer. Electronic Art's hardware department will attempt to assist you with warranty repairs and replacements if a manufacturer's warranty exists and the manufacturer approves of such. Out of warranty repair and replacement will be charged at standard rates.
Hardware otherwise leased from Electronic Art remains Electronic Art property, subject to other agreements between yourself and Electronic Art. You agree to label such equipment as Electronic Art property, keep this equipment in a secure location that is cool and dry, to provide a working surge suppression device for use with Electronic Art owned equipment, and to reimburse Electronic Art for the cost of any equipment lost or damaged while in your care.
Software provided or sold by Electronic Art is subject to the license agreement(s) included with that software. You agree that upon termination of your Electronic Art account you will remove software that was provided to you free-of-charge by Electronic Art, whether created by Electronic Art or a third party, and to return or destroy all copies of that software, except where the license agreement for that software says otherwise. This does not apply to third party software that you may have downloaded from the Internet or purchased.
Electronic Art will, attempt if requested, to provide reasonable technical support and assistance to configure hardware or software you may have for connecting to the Internet using Electronic Art services. Electronic Art is not obligated to provide detailed assistance or education toward the use of hardware and software and reserves the right to charge for such services. Systems that are part of a Local Area Network are specifically excluded from receiving detailed technical support. If you are not the Network Administrator of a Local Area Network, and wish to receive assistance in connecting a system on such a network to Electronic Art, you agree to contact your internal Network Administrator of your system for such assistance. If you are the Network Administrator, you agree that Electronic Art's assistance may be limited to providing information about basic settings and that the actual configuration of your networks and systems are your responsibility. You agree to accept full responsibility for any changes you make to your system, on your own or under the direction of Electronic Art.
It is your responsibility to obtain and maintain the communications equipment and software necessary to connect to Electronic Art services. This may include various types of modems, computer hardware and software, and local telephone service. It is your responsibility to ensure that your equipment and software is compatible with Electronic Art's equipment, software and standards, as well as meeting current Internet standards.
Electronic Art may make changes to equipment, software, and standards, as we feel necessary. Electronic Art will attempt to notify users in a timely manner of any major change in equipment, software, or standard. You agree that it is your responsibility to read your Electronic Art e-mail and check for bulletins periodically for any such notices.
Electronic Art maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to you and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. IP addresses assigned to you remain the property of Electronic Art upon termination or cancellation of Customer Account.
16. United States Domain Names
Electronic Art has signed an agreement with Verisign/Network Solutions to collect the US $70 domain name registration fee (the "Internic Fee") on behalf of Verisign/Net Solutions. The Internic Fee covers the registration for 2 years. You may be billed by another party (Internic) for your domain name registration. Electronic Art's role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar (the "Registrar"). Electronic Art does not and cannot guarantee that a particular application for a domain name will be accepted or approved. Please note each individual domain name constitutes a single submission. Electronic Art will submit application to the Registrar as provided. It is the registrant's responsibility to provide accurate information. Any change to the original information must be made directly to the Registrar and not to Electronic Art. Be advised that upon registering a domain name with Verisign/Network Solutions you will be subject to the Terms and Conditions of Verisign/Network Solutions, or other registries as applicable.
17. Other Country Domain Names
Electronic Art account holders must be at least eighteen (18) years of age.
If applicable you agree to pay the appropriate country domain name submission fee as displayed on the Electronic Art website. The non-refundable fee covers the cost of submitting a domain name to the Registrar. Please note that each registrar has it's own terms and conditions for accepting/approving a domain name registration. Electronic Art's fee is non-refundable even if the domain name is rejected. The fee is for the service of submitting the application. Each registrar might have an additional domain registration fee.