Agreement between user and Encon IT Services, Inc (“Encon IT”)
Welcome to www.EnconIT.com/consumer. The https www.EnconIT.com/consumer website (the “Site”) is comprised of various web pages operated by Encon. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of the Site, or your purchase of goods and/or services from the Site, constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.EnconIT.com/consumer is an E-commerce Site
The Site’s purpose is to enable the customer to register participants and purchase and/or subscribe to our current products offered.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Encon IT is not responsible for third party access to your account that results from theft or misappropriation of your account. Encon IT and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
If you are under 18, you may use the Site only with permission of a parent or guardian. If you are a parent and you have questions regarding our data collection practices, please contact us using information provided at the end of this Agreement.
No credit card information will be stored by Encon IT. However, by accepting this Agreement, you give Encon IT the right to charge your credit card on a monthly basis for the services you purchase and/or subscribe to.
We have a NO REFUND policy. To cancel service, hit the cancellation button under your account login. No partial refunds will be generated and your service will stay active until the current billing period ends.
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Encon IT and Encon IT is not responsible or the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is property of Encon IT or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or any way exploit any of the content, in whole or in part, found on the Site. Encon IT content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Encon IT and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Encon IT or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Encon IT from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Encon IT Content accessed through www.EnconIT.com/consumer in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Encon IT, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Encon IT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Encon IT in asserting any available defenses.
The information, software, products and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Encon IT and/or its suppliers may make improvements and/or changes in the site at any time.
Encon IT and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Encon IT and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Encon IT reserves the right, at its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Encon IT as a result of this agreement of use of the Site. Encon ITs performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Encon IT’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Encon IT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Encon IT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Encon IT with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
1. In the event of a material breach by you of these Terms and Conditions (as set out below), we retain the right to suspend or terminate the provision of these Services to you, without notice to you, but where possible, will make a reasonable effort to provide you with an opportunity to remediate the situation within a 10-day period. Where remediation is not possible or is not effected by you, then at the end of this period, we shall terminate for material breach of these Terms and Conditions, and no refund of any fees paid will be offered. It shall constitute a material breach of these Terms and Conditions if we have a reasonable belief that you:
- a. use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
- b. use the Services in such a manner that has the effect of disrupting others’ use of the Services;
- c. repeatedly or flagrantly violate any of these Terms and Conditions;
- d. act in conflict with a court order, or our providing the Services to you is in breach of a court order;
- e. represent a danger to the best interests of other customers or third-parties;
- f. exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion when that Usage Limit represents the highest available limit;
- g. fail to disclose the number of devices on which you are running Encon Drive, be they multi-drive devices, network-attached (NAS) hard drives, or external drives (collectively “External Storage Devices”) or otherwise;
- h. directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;
- i. are found to have used the Services to store, backup or distribute material protected by intellectual property rights (including copyright) of a third-party unless you own or have appropriate rights to such material;
- j. engage in activity that damages or is likely to damage our tangible or intangible assets; or
- k. otherwise act in breach of the terms of our Acceptable Use Policy
All fees payable by you for the Services shall be in accordance with the scale of fees and rates published from time to time by us on our web site (the “Pricing Structure”), and shall be due and payable for provision of the Services in advance of each billing period.
The Pricing Structure is determined by pre-agreed usage limits with you (“Usage Limit”). We reserve the right to alter the Pricing Structure, including ceasing to offer, or by adding, elements of the Services. The current Pricing Structure will always be posted on our website and where a significant change (meaning a change that would lead to you paying more for the Services) is made to the Pricing Structure, we will provide you with notice at least 30 days prior to that new Pricing Structure being applied to the Services we provide you. By continuing to access or use the Services after receiving such notice, you agree to be bound by the revised Pricing Structure as, and from, the start of the next billing period. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services or cancel your services yourself by visiting your account page and deleting your account/Encon Drive.
In the event that your actual usage increases so that you exceed your Usage Limit, then we reserve the right to charge you for the additional disc space required or to migrate you to a higher Usage Limit (collectively a “Migration”) prior to the end of the billing period, consistent with your increased actual usage. We are not obliged to contact you prior to a Migration, nor for an increase in charges due to you exceeding the agreed upon storage limit. If you do not agree to the Migration decision and do not wish to pay the additional fees, you must then notify us that you want to revert to the previous Usage Limit and take the required steps to effect this change, i.e. a reduction in your usage. Please note that if your actual usage is such that you exceed the highest available Usage Limit available at that time, then it is possible that no such Migration is possible, and we reserve the right to terminate the Services without notice to you in accordance with clause 1(f) of these Terms and Conditions.
All fees for our Services are due in advance and your contract will automatically renew on the expiration of each billing period, at which point fees for the following billing period become payable. If you choose to pay by credit or debit card, then you authorize Encon IT to debit your card with the fees due.
Change to Terms
Encon IT reserves the right, at its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Encon IT encourages you, the user, to periodically review the Terms to stay informed of our updates.
Encon IT welcomes your questions or comments regarding Terms.
PO Box 497107
Garland, TX 75049
Effective as of May 6, 2016