Phone Voicemail Email Fax Contacts Planner Documents 
 
End User License Agreement (EULA)

1. Agreement

The web and telephone application Service powered by Earnware ("Service") is provided to you ("Account Holder") by Earnware Corporation ("Earnware").  ProComm is a reseller of this service and provides first line support as well as customizations under the name ProComm and Krack Media Web Design.  You must read, understand and agree to the terms and conditions below collectively, the ("Agreement"), including the Limited Software License, before using the Service or using any software, documentation, or related materials provided to you by Earnware (by download web access, phone access, or otherwise) in connection with the Service.

BY CLICKING ON THE "YES" BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD CLICK ON THE "NO" BUTTON AND YOUR ACCOUNT WILL NOT BE ACTIVATED OR YOUR SERVICE WILL BE TERMINATED, AS APPLICABLE.

This Agreement is a legal document that details your rights and obligations as an Earnware user. You should take the time to review this entire agreement and the Earnware Privacy Policy, which reflect Earnware's current policies. This Agreement and Privacy Policy govern all use of your account by you or anyone who uses your account.


2. Use of the Service

This Agreement is your entire agreement with Earnware and governs your use of the Service. There may be additional terms and conditions if you use affiliate services, other Earnware services or products or third-party software and/or services. To access the Earnware service you must accept the terms of this Agreement and comply by them. You assume sole responsibility for your use of the Service, the Software (as defined below) and the Content (as defined below) in connection with your account.

Users Under Age 18
If you are less than 18 years old, you may not execute this Agreement. Persons under age 18 may not use the Service without the consent and supervision of their parent or legal guardian. If you choose to permit a minor to use the Service, you agree to (i) exercise supervision over the minor's use of Earnware Services, (ii) assume all risks associated with the minor's viewing of content received through use of Earnware Services and the minor's transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities, including payment for services, resulting from the minor's use of Earnware Services, (iv) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to Earnware Registration Forms. In addition, if you choose to permit a minor to use the Service, you consent to the collection, use and disclosure of information about the minor and the minor's use of the Service as provided in this Agreement, and the Privacy Policy.

System and Network Security
Violations of system or network security of the Service are prohibited, and may subject you to criminal and/or civil liability. We will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You must not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You must not interfere or attempt to interfere with service to any other user, host, system, or network on the Internet unless expressly permitted to do so.

Privacy Policy
Earnware may collect, store, compile and utilize information about you and your use of the Service. However, Earnware will not provide any information and data about you (including information about your computer system and platform) to third parties including advertisers, clients, and marketing organizations. Please refer to the Privacy Statement for the Earnware privacy policies and information practices.

Usage and Inactivity
Account connections have idle timers that may terminate a session after 60 minutes of inactivity. You may not use tools that defeat the automatic log-off feature. Use of the Service on a standby or inactive basis in order to maintain a connection is prohibited. This includes, without limitation, taking any action to defeat or bypass the idle timeout or similar mechanism (including, without limitation, any method of mimicking user activity). We reserve the right to terminate an end user's online session at any time.

Account Holder Requirements
You must register for Earnware service using your first and last name. Earnware prohibits using only the name of a company or organization. During registration, you may be asked to provide a name, number, or combination that you wish to use as your login username. If the login username you request is not available you will be asked to supply another login username. You may also be asked to provide a password for security purposes on your Earnware service, which can be any word, number, or combination, with at least 6 characters, not to exceed 12 characters. We reserve the right to verify the accuracy of the information you submit in connection with your registration for Earnware service (including, without limitation, performing cross tabulations with external databases) and you hereby consent to Earnware verification of such information

Abuse of the Service
If you bypass or disable any portion of the Earnware service or software, without limitation, then your use of the Service will be subject to immediate termination without notice. Termination of your Service will not excuse you from any criminal or other civil liabilities that may result from your actions. We reserve the right to suspend or terminate your Earnware account and nothing herein serves to limit such right. If your Earnware account is terminated you will be unable to access any e-mail, voicemail, contact data, facsimile messages and/or any content you have developed or created in your Earnware Service. If your account is suspended or terminated, Earnware is not responsible for reimbursement of any money spent on advertising, potential loss of sales, set-up fees, on-going monthly service fees, or any other monetary losses.

Security and Passwords
You are responsible for all use of the Service through your account and for the security of your login identification, your password and any security lock code that you use to protect access to your data, Earnware account profile, your file name(s) and files, network and user access, and any information you disseminate through use of your Earnware Service. Earnware will not release account information to anyone other than the Account Holder. The Account Holder must verify personal, secure information given at the time his/her account was established.

Voicemail, Faxmail, E-mail Messages and File Storage
The amount of storage space per account is limited. Additional space is available for an additional fee (see http://www.earnware.com for pricing. Some e-mail, voicemail, or fax messages may not be processed due to space constraints or outbound message limitations. Once your account storage reaches the limit as specified in your account package, you must either delete unnecessary files and messages or buy a larger file storage package. Failure to delete files or upgrade your storage capacity may result in account suspension. Earnware reserves the right to delete unread messages that remain in your Inbox for 60 days or longer without notice. If your Earnware account is suspended or terminated, you will be unable to access any messages in your System. If your account is suspended or terminated, Earnware is not responsible for reimbursement of any money spent on advertising, potential loss of sales, set-up fees, on-going monthly service fees, or any other monetary losses. Upon termination of your account, no refunds will be issued. Earnware may, from time to time, send a message regarding Earnware services to your account showing up in your inbox. You agree to permit us to send you such messages.

3. FEES AND CHARGES

Customers can purchase the Business Center either through an online signup form or by sending a paper application to Earnware Corporation or one of its Partners. If you purchase the product through an online process, Earnware requests that you submit your application for service with valid credit card information and the signature of the Account Holder. However, failure to send in a physical application after purchasing a product online is in no way an indication that you do not want to continue use of the service. Unless you contact Earnware Corporation or the Partner from whom you purchased the product and cancel your order, accounts will remain active and all associated fees will apply.

If the Account Holder is not the credit card holder, the Account Holder and the credit cardholder must submit a Credit Card Authorization Form within 24 hours with verification of the following information for both the Account Holder and the credit card holder: credit cardholder's name, billing address, contact information, signature, legible copies of the credit card (front and back) and a valid form of identification with picture and matching signature. If the authorization form is not completed and received within 24 hours, Earnware reserves the right to terminate the account. If a credit cardholder disputes charges authorized or otherwise, the Account Holder will be responsible for all monies returned to the cardholder.

Once your account has been established with Earnware, you have 24 hours within which to cancel your service and receive a refund, minus the set up fee and the cost of any minutes used on your toll-free number, if applicable.

Subject to the terms of this Agreement, Earnware will not provide you with access to the Internet when you connect to the Service. You are responsible for all charges associated with connecting to the Internet, including any telephone, access fees or other communications charges.

Although your Earnware account comes with a multitude of features, there may be extra charges to access certain premium services on the Earnware Service (see http://www.earnware.com for information). Earnware may provide access to a number of third-party vendors, who provide content, goods and / or services on the Earnware Service or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

Toll-free numbers that are issued with your account are the property of Earnware Corporation. If you cancel service with Earnware Corporation, requests to move the toll-free number that was being used on your account to another service provider will be denied.

If you own a toll-free number that you want to use as part of your Business Center, you can contact customer support to issue a Change of Responsible Organization (RespOrg) request. If you cancel service with Earnware Corporation, Earnware Corporation will approve any request to release that number to a different service provider.

International calling outside the US or Canada is not available on this system.

We reserve the right to change your Earnware Service packages, fees, surcharges, and monthly account fees or to institute new fees at any time upon thirty (30) days prior notice.

If you refuse to pay for the Earnware Service or your credit card declines for any Earnware charges we will make a reasonable attempt to contact you. If we are unsuccessful at updating your account it will be suspended and eventually cancelled. If your account is suspended or terminated, Earnware is not responsible for reimbursement of any money spent on advertising, potential loss of sales, set-up fees, on-going monthly service fees, or any other monetary losses. Upon termination of your account, no refunds will be issued. Any remaining unused minutes will be held in reserve and applied as a credit should you reactivate your account within a six-month period. However, if there is an outstanding payment due on your account at the time of cancellation, the dollar value of any unused minutes will be applied toward the outstanding balance. If after the unpaid balance has been satisfied, there still remains a balance of unused minutes, that remainder will be held in reserve and applied as a credit should you reactivate your account within a six month period.

4. WARRANTY DISCLAIMER

ACCOUNT HOLDER EXPRESSLY AGREES THAT THE USE OF THE SERVICE, THE SOFTWARE, THE CONTENT, AND THE INTERNET IS AT ACCOUNT HOLDER'S SOLE RISK. THE SERVICE, THE SOFTWARE, THE CONTENT, ANY PROVIDED THIRD-PARTY VIRUS CHECKING TECHNOLOGY, AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THEY ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EARNWARE DOES NOT GUARANTEE THAT ACCOUNT HOLDER WILL BE ABLE TO ACCESS OR USE THE SERVICE AT ALL. EARNWARE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR SOFTWARE PROVIDED OR USED BY US SHALL BE THE REPLACEMENT OF ANY EARNWARE SERVICE SOFTWARE FOUND TO BE DEFECTIVE. This disclaimer shall not apply to the extent that it is not permitted by law.

5. DAMAGES LIMITATION

IN NO CASE SHALL EARNWARE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR THIRD-PARTY DAMAGES, EVEN IF EARNWARE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, and the above limitations may not apply to you. In such situations, Earnware's liability shall be limited to the extent permitted by law.

You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Earnware. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Earnware enforcement or application of this Agreement; (2) any policy or practice of Earnware Service, including the Earnware Service Privacy Policy, or Earnware Service enforcement or application of these policies; (3) the content available through Earnware Service or the Internet or any change in content provided through Earnware Service; (4) your ability to access and/or use Earnware Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

6. ONLINE CONDUCT AND CONTENT

Content
By "Content," we mean the text, software, communications, images, sounds and other information provided online. Earnware does not assume any responsibility or liability for content accessible through the Service that is provided by others. Keep in mind that we are not responsible for content available on the Internet.
EARNWARE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE, THE SOFTWARE OR THE CONTENT. EARNWARE SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
As an Earnware Account Holder, you agree to follow the terms of this Agreement and you acknowledge that we have the right to enforce them at our sole discretion. This means that if you or anyone using your account violates this Agreement, we may take action against your account. This can range from the issuance of a warning about a violation to the termination of your account. We are not required to provide notice prior to terminating your account for violating these rules and standards, but we may choose to do so. If your account is suspended or terminated, Earnware is not responsible for reimbursement of any money spent on advertising, potential loss of sales, set-up fees, on-going monthly service fees, or any other monetary losses. Upon termination of your account, no refunds will be issued. Any remaining unused minutes will be held in reserve and applied as a credit should you reactivate your account within a six month period. However, if there is an outstanding payment due on your account at the time of cancellation, the dollar value of any unused minutes will be applied toward the outstanding balance. If after the unpaid balance has been satisfied, there still remains a balance of unused minutes, that remainder will be held in reserve and applied as a credit should you reactivate your account within a six month period.

Unsolicited Bulk E-mail (SPAM)
Your Earnware Account allows you to send and receive e-mail to and from other Earnware Accounts and users of the Internet. This does not mean that you may use Earnware Service to send unsolicited bulk e-mail or junk e-mail (SPAM). Your Earnware Account and your authorization to use the Earnware e-mail service do not allow you to send unsolicited bulk e-mail or to cause unsolicited bulk e-mail to be sent by someone else (see Earnware's 'No Spam Policy' at www.earnware.com or within your Business Center). Any violation of these provisions can subject your Earnware account to immediate termination and further legal action. If you have received junk e-mail and want to report it, forward the e-mail to abuse@earnware.com. We also reserve the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from entering, utilizing or remaining within the Earnware network. If your account is suspended or terminated, Earnware is not responsible for reimbursement of any money spent on advertising, potential loss of sales, set-up fees, on-going monthly service fees, or any other monetary losses. Upon termination of your account, no refunds will be issued. Any remaining unused minutes will be held in reserve and applied as a credit should you reactivate your account within a six month period. However, if there is an outstanding payment due on your account at the time of cancellation, the dollar value of any unused minutes will be applied toward the outstanding balance. If after the unpaid balance has been satisfied, there still remains a balance of unused minutes, that remainder will be held in reserve and applied as a credit should you reactivate your account within a six month period.

Submissions
Should you decide to transmit to Earnware Corporation or any Earnware Partner any materials or other information via the Service (including but not limited to any ideas, concepts or techniques), whether as information, feedback, data, questions, comments, suggestions or the like, you agree that such submissions are unrestricted and shall be deemed non-confidential. To the extent such materials or information are submitted to Earnware or posted on a site controlled by us, you automatically grant Earnware and assign a non-exclusive, royalty-free, worldwide, irrevocable license to use, copy, transmit, distribute, create derivative works of, display and perform the same.

Viruses
You assume sole responsibility regarding the existence or effects of any virus, worm, trojan horse, or other computer code that is designed to delete, disable, deactivate, interfere with, or otherwise harm hardware, software, data, or other material that may be transmitted via the Service, the Software or the Content. Nonetheless, we will employ reasonable efforts to ensure that the Software is free of viruses, and may employ third-party virus checking software in providing the Service to you.

7. EARNWARE INTERNET SOFTWARE LICENSES

Earnware or third-party affiliate may provide you with certain software, either on disk or by download, for use with the Service (the "Software"). We grant to you a non-exclusive, limited license to use Earnware or affiliate's Software. You may not sub-license, or charge others to use or access, the Software without first obtaining written permission from Earnware. You may not modify the Software or use it in any way not expressly authorized by this Agreement. Except where expressly permitted by law, you may not translate reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from the Software. All right, title and interest to the Software, including any adaptations or copies thereof and including any associated intellectual property rights, are owned by and shall remain with Earnware and our third-party affiliate. This license does not convey to you an interest in or to the Software, but only a limited right to use revocable in accordance with the terms of this Agreement.

We will occasionally provide automatic upgrades to improve your service experience. Service is subject to change without notice. These automatic enhancements to your Service will not increase the price of the Service unless you are notified otherwise in writing. Enhancements include, but are not limited to, the addition of features that Earnware deems necessary, the removal of features that Earnware deems non-essential, as well as repairs to defective software applications. You understand that our introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by us may vary depending on your computer and other equipment. Upon termination of your access to the Service, you should uninstall the Software from your computer system and destroy all copies of the Software in your possession, if applicable.

8. INDEMNIFICATION

Upon request by Earnware, you agree to defend, indemnify and hold harmless Earnware, and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from: (i) a breach of this Agreement for which you are responsible; or (ii) from the use of the Service, the Software, the Content or the Internet itself; or (iii) in connection with your transmission of any materials or other information on the Service. We reserve the right, at Earnware's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by an Account.

9. TERM, TERMINATION AND CANCELLATION

The Term of this Agreement shall begin upon acceptance of its terms by you (e.g. by clicking on the "YES" button) and/or by subscribing to the Service, and shall continue until terminated. Either you or Earnware may terminate your Account at any time by calling Earnware's Billing Department at 800-800-8273, by e-mailing us at support@earnware.com, from our customer support page at http://www.earnware.com/support/index.asp, or by sending your cancellation request via United States Mail to: Earnware Corporation, c/o Customer Cancellation, 6451 El Camino Real, Suite A, Carlsbad, CA, 92009. The termination will take effect within seventy-two (72) hours of receipt of your request. You are responsible for contacting Earnware to confirm that your account has been canceled as requested. You are responsible for any charges incurred during the current month of service or to third-party vendors or content providers prior to your cancellation. You acknowledge that Earnware reserves the right to collect any and all past due fees associated with your account from the date your service was established through the date of termination.

REFUND POLICY: Upon termination of your account, no refunds will be issued. Any remaining unused minutes on a terminated account will be held in reserve and applied as a credit should you reactivate your account within a six month period. However, if there is an outstanding payment due on your account at the time of cancellation, the dollar value of any unused minutes will be applied toward the outstanding balance. If after the unpaid balance has been satisfied, there still remains a balance of unused minutes, that remainder will be held in reserve and applied as a credit should you reactivate your account within a six month period. Earnware is not responsible for reimbursement of any money spent on advertising, potential loss of sales, set-up fees, on-going monthly service fees, or any other monetary losses.

10. CHANGES TO THIS AGREEMENT

The Internet and online world is changing rapidly and as technology and our business continue to evolve, these policies may have to be updated or revised. For the same reasons, it may be necessary for us to update or revise certain provisions of this Agreement. By subscribing to Earnware's Service and accepting this Agreement, you agree that we may change the terms of this Agreement. If we make material changes or revisions to this Agreement, we will provide notice to you thirty (30) days in advance. In addition, we may revise the Privacy Policy and End User License Agreement terms from time to time without notice. You should check http://www.earnware.com/support/eula.asp for the most current version of the End User License Agreement. If you don't agree to the changes made by us to this Agreement, or the Privacy Policy, your only remedy is to cancel your Earnware account.

11. COMPLIANCE WITH LAWS

As noted above, Account Holder conduct may be subject to other local, state, national, and international laws. You agree to abide by all laws that are applicable to your use of the Service, Software and Content. You agree to refrain from all fraudulent, improper or illegal use of the Internet, including infringement of any copyright or trademark, unauthorized copying or transmission of software, access to or downloading of any obscene or unlawful material, or defamation or disparagement of any individual or entity. In addition, you agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Earnware's network any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of any browser with 128-bit encryption. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Afghanistan, Sudan and Syria from gaining access to certain content on Earnware Service.

12. TRADEMARKS

Earnware is a trademark of Earnware Corporation. Earnware and Earnware Business Center are trademarks of Earnware. No right, license or interest to such trademarks is granted to you hereunder, and you agree that no right, license or interest shall be asserted by you with respect to such trademarks.

13. FORCE MAJEURE

Earnware shall not be liable or be deemed to be in default for any delay or failure in performance or interruption resulting directly or indirectly from any cause or circumstance beyond the reasonable control of Earnware, including equipment or telecommunications failure; labor dispute; or failure of any third party to perform any agreement with Earnware that adversely affects Earnware's ability to provide the Service or otherwise perform its obligation hereunder.

14. APPLICABLE LAW AND VENUE

The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Account. You expressly agree that exclusive jurisdiction for any claim or dispute with Earnware or relating in any way to your Account or your use of Earnware services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Earnware or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

15. GENERAL PROVISIONS

This Agreement represents your entire agreement with Earnware. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that this Agreement and the Earnware Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Earnware's rights under this Agreement may not be waived unless contained in writing signed by an authorized representative of Earnware. If any action related to this Agreement is brought by either party, the substantially prevailing party shall be entitled to recover reasonable attorneys' fees and costs.