EQEcon.com - Terms of Service
Updated: 2/06/2004

Account Sharing:

Due to the costs associated with site administration, bandwidth, hosting, data gathering, and custom chart generation, we must strictly enforce penalties for account sharing violations in order to continue providing the service. Our practices include:

  • Logging IP information for each account and site transaction
  • Using an IP geographical location service to determine the usage area
  • Identifying instances where one account is used from two different locations either simultaneously, or within an amount of time that could not be legal usage by one party given the geographical location of each access and reasonable travel time between them

Accounts in violation of this policy will receive one(1) warning before account termination. No refunds will be given for unused time upon termination of an account.


1. ACCEPTANCE OF TERMS

Welcome to EQEcon. Helix Systems Incorporated provides the EQEcon Membership service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you; provided that we will not alter the Section 6 ("Content Submitted to EQEcon") without prior notice to and acceptance by you.

2. DESCRIPTION OF SERVICE

EQEcon provides a range of price reporting, chart generation, email alerting and other services as part of te Membership. Any new features or future services are added under the terms of this agreement.

In order to access the service you must obtain access to the World Wide Web, either directly or through devices that access web based content, and pay any service fees associated with such access. You must also provide all equipment necessary for such a connection to the World Wide Web.

3. YOUR REGISTRATION OBLIGATIONS

In order to create an account with EQEcon you must meet the following obligations:

a) Be the holder of a valid credit card, or have authority from the owner of a valid credit card for use with the EQEcon services;

b) Provide true, accurate, current and complete information about yourself whenever requested to do so;

c) Provide true, accurate, current and complete information about any billing details whenever requested to do so;

d) Maintain all information contained in 3(b) and 3(c) promptly so that it remains true, accurate, current and complete;

If you provide any information that is untrue, inaccurate, not current or incomplete, EQEcon reserves the right to suspend or terminate your account(s) without being reimbursed of any funds held by EQEcon or Helix Systems Incorporated for the provision of services provided by us. EQEcon further reserves the right to refuse any and all current and future use of any services provided by EQEcon (or any portion thereof).

4. EQECON PRIVACY POLICY

Pursuant to EQEcon's privacy policy, we may disclose to third parties certain aggregate information provided by you to EQEcon, provided that, such information will not include personally identifying information, except as specifically authorised by you or in the good faith we believe that such action is reasonably necessary in order to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set out in our privacy policy, as may be amended from time to time. For further details refer to the latest Privacy Policy located at: http://www.eqecon.com/privacy.php.

5. CONTENT RESTRICTIONS & OTHER CONDITIONS

All content submitted to EQEcon by an account holder whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, not EQEcon are entirely responsible for all Content that you upload, post, or otherwise transmit via the services provided to you by EQEcon. Content for the purpose of this TOS includes: information, data, text, software, music, sound, images, photographs, graphics, video, messages, bulletin board posts or any other material.

You agree not to use any services provided by EQEcon to:

- upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable;

- harm minors in any way;

- impersonate any person or entity, including, but not limited to, an EQEcon official, Software Developer, Employee of a Software Development or Publishing company, or falsely state or otherwise misrepresent your affiliation with any person or entity.;

- tamper or attempt to alter the system by which EQEcon provides services to you. This includes any attempt to upload, post or otherwise transmit Content including, but not limited to: HTML, Java, JavaScript, C, C++, ASP, PHP, JSP and Visual Basic;

- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

- upload, post or otherwise transmit any advertising, "junk mail", "spam mail", "chain letter", "pyramid schemes" or ay other form of solicitation, except in those areas of the service specifically designated for such purposes;

- upload, post or otherwise transmit any Content which contains software viruses, or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

- interfere with or disrupt the servers or networks in use for the provision of services by EQEcon;

- intentionally violate any applicable state, local, national or international law;

- "stalk" or otherwise harass another;

- collect or store personal data about others;

- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

- use any services provided by EQEcon for remote loading or as a door or signpost to another homepage whether inside or beyond the EQEcon network;

- use any EQEcon services for commercial activities unless specific permission is granted in writing to you from an authorised EQEcon representative;

6. CONTENT SUBMITTED TO EQECON

EQEcon does not claim ownership of the Content you place on the EQEcon website(s). by submitting Content to EQEcon for inclusion you grant EQEcon the world-wide, royalty free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting EQEcon's internet properties. This license exists only for as long as you continue to be the holder of a valid account with EQEcon.

You acknowledge that EQEcon pre-screens only some Content, but that EQEcon and its designees retains the right (but not the obligation) in their sole discretion, without notice to you, to refuse or remove any Content that is available via any services provided by EQEcon. Without limiting the foregoing, EQEcon and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content.

7. INDEMNITY

You agree to indemnify and hold EQEcon, Helix Systems Incorporated and its subsidiaries, affiliates, officers, directors, agents, co-branders, or other partners, and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your Content, your use of any services provided by EQEcon, your connection to any services provided by EQEcon, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICES OR ACCOUNT SHARING

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service.

You agree that you will not give out details of your account or otherwise allow any other person to use your account for the purposes of obtaining the benefits of membership without themselves being a valid member. You agree to being notified that should your account be used on 2 or more computers simultaneously or within a period of time disqualifying legal access by virtue of geographical distance given reasonable travel speeds, that this may constitute a breach of this section.

You acknowledge that EQEcon can and will collect personally identifiable information for use in identifying those in violation of this section, including but not limited to IP addresses, geographical location, and other account information. Violators will receive one(1) warning notification of this misuse. The second offence will result in account cancellation without any refund for unused time.

8.5 DATA MINING

"Data mining" is defined as using an automated program to frequently load site pages, imposing an abnormally high load on the service. You agree not to Data mine the service or otherwise utilize an unreasonably large amount of service resources. Such practices reduce usability for other users, and may result in a warning or account termination.

9. RENEWAL OF MEMBERSHIP

You agree that by default your membership with EQEcon will automatically be renewed at the end of each membership cycle unless you cancel your account. You can change billing plans or cancel your account in the My Account area.

Once a credit card is charged in payment of a membership renewal no refunds will be given to account holders.

10. MODIFICATIONS OF SERVICES

EQEcon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services (or any part thereof) with or without notice. You agree that EQEcon shall not be liable to you or any third party for any modification, suspension or discontinuance of the service.

11. STABILITY OF SERVICES

EQEcon makes no guarantees as to the stability of services provided to members. Whilst EQEcon will endeavor to ensure optimal performance and uptime of its services, EQEcon makes no assurances that the services will be available at all times. EQEcon acknowledges that it will notify all account holders prior to any extended scheduled maintenance or extended downtime of services by posting notice to the News section of the site.

12. TERMINATION

You agree that EQEcon will retain your account and all information associated therewith upon Termination of your account for the purposes not limited to enabling easier renewal at a later date and for the prevention of fraud.

You agree that EQEcon, in its sole discretion, may terminate your password, EQEcon site, EQEcon account, and any services provided by EQEcon to you for any reason, including, without limitation, if EQEcon believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any such termination described forewith may occur with or without notice.

You agree that any termination of your access to EQEcon services under the TOS may be effected without prior notice, and without refund of any monies held by EQEcon, Helix Systems Incorporated, and its subsidiaries, affiliates, officers, directors, agents, co-branders, or other partners, and employees obtained by EQEcon from you. Further, you agree that EQEcon shall not be liable to you or any third-party for any termination of your account or services.

13. LINKS

As part of the services provided by EQEcon, links may be provided by EQEcon, account holders, yourself or other third parties which connect to other World Wide Web sites or resources. Because EQEcon has no control over such sites and resources, you acknowledge and agree that EQEcon, Helix Systems Incorporated and its subsidiaries, affiliates, officers, directors, agents, co-branders, or other partners, and employees is not responsible for the availability of such external sites or resources and is not responsible or liable in any way for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EQEcon, Helix Systems Incorporated and its subsidiaries, affiliates, officers, directors, agents, co-branders, or other partners, and employees will not be responsible or liable, directly or indirectly, for any dame or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. EQECON PROPRIETARY RIGHTS

You acknowledge and agree that the services provided by EQEcon and any necessary software used in connection with such services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through such services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EQEcon or an authorised representative, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the services or the Software, in whole or in part.

EQEcon grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the EQEcon services. You agree not to access the services by any means other than through the interface that is provided by EQEcon for use in accessing the Service.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE EQECON SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EQECON, HELIX SYSTEMS INCORPORATED AND ITS OFFICERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EQECON, HELIX SYSTEMS INCORPORATED AND ITS OFFICERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EQECON, HELIX SYSTEMS INCORPORATED AND ITS OFFICERS OR THROUGH OR FROM THE SERVICES PROVIDED SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EQECON, HELIX SYSTEMS INCORPORATED AND ITS OFFICERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EQECON, HELIX SYSTEMS INCORPORATED OR ITS OFFICERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

BY AGREEING TO THESE TERMS YOU CERTIFY THAT YOU ARE 13 YEARS OF AGE OR OLDER. PERSONS UNDER THE AGE OF 13 ARE NOT ELIGIBLE FOR AN ACCOUNT OR SERVICE.

Copyright © 2003-2008 Helix Systems Incorporated. All rights reserved.
EverQuest and all associated properties are the Copyright of Sony Online Entertainment.