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SERVICE LEVEL AGREEMENT -
In as much as EHD will do its best to provide you with the
best service possible, yet there are physical and mental limitations
to what we can provide you.
LIMITATION OF LIABILITY:
EHD exercises no control whatsoever over the content of the
information accessed through EHD’s Internet Services.
EHD’s Internet Services are provided on an “as-is,
as-available” basis, without warranty of any kind, expressed
or implied, including, but not limited to, the warranties of
performance, functionality, merchantability and fitness for a
particular purpose. EHD and/or contributors shall have no liability
whatsoever to you for any claim(s) relating in any way to:
(i) your inability or failure to perform research or related
work or to work properly or completely, or
(ii) any lost profits or consequential, exemplary, incidental, indirect or
special damages relating in whole or in part to your rights hereunder or use
of, or inability to use, EHD’s Internet Services. EHD will not be
responsible for any damage suffered by you, including, but not limited to,
loss of data resulting from delays, non-deliveries, mis-deliveries, or service
interruptions caused by its own negligence or your errors or omissions. Use
of any information obtained via EHD’s Internet Services is at your
sole risk. EHD specifically disclaims any responsibility for the accuracy
or quality of information obtained through EHD’s Internet Services.
Under no circumstances and under no legal theory, tort, contract, or otherwise,
shall EHD or its suppliers or resellers be liable to you or any other person
for any indirect, special, incidental, or consequential damages of any character
including, without limitation, damages for loss of goodwill, work- stoppage,
computer failure or malfunction, or any and all other commercial damages or
losses, or for any damages in excess of EHD’s list price for a license
to the Software and Documentation, even if EHD shall have been informed of
the possibility of such damages, or for any claim by any other party. This
limitation of liability shall not apply to liability for death or personal
injury to the extent applicable law prohibits such limitation. Furthermore,
some states do not allow the exclusion or limitation of incidental or consequential
damages, so this limitation and exclusion may not apply to you.
RESPONSIBILITY FOR ACCOUNT USE:
You are responsible for all use of your account(s) and confidentiality
of password(s). EHD will suspend or change access upon notification
that your password has been stolen, lost or otherwise possibly
compromised.
EHD is not responsible for your personal files residing online on EHD-owned
and controlled computers and servers. You shall be responsible for your independent
backup of your data stored online. You are provided with a utility tool in
your personal Control Panel to assist you in backing up your files yourself.
There is no limit or restrictions on backing up your files. You agree that
loss of data stored on EHD Computers is NOT the responsibility of EHD.
You shall be responsible for all access to and use of EHD’s Internet
Services by your personnel or by means of your equipment, whether or not you
have knowledge of or authorize such access or use.If subscriber is less than
18 years of age, the application must be signed and these terms agreed to by
a parent or legal guardian, who is responsible for all charges related to the
use of subscriber’s account(s).
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