EHD may modify this agreement on an as needed basis by placing an updated version of this posting. Therefore, your continued use of The Service Provider following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to check the "Terms and Conditions" page of The Service Provider regularly to determine whether this agreement has been modified. You are likewise required to keep abreast of updates to the information published on The Service Provider's FAQ site and Accepted Uses and Content Policy. If you do not agree with the Terms and Conditions of The Service Provider or any modifications to this Agreement, You must immediately stop using The Service Provider.

The entire content of The Service Provider is Copyrighted, and All Rights are Reserved. You may save to disk or print out individual or small selections of information contained within The Service Provider for your own use, provided that you do not collect multiple small selections for the purpose of replicating all or substantial portions of The Service Provider. The Service Provider may be displayed by you to limited numbers of persons provided that you do not charge for such a presentation.

WEBHOSTING AGREEMENT:
BY USING THE INTERNET WEBHOSTING SERVICES OFFERED BY EHD's INTERNET SERVICES, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEBHOSTING SERVICES OFFERED BY EHD INTERNET SERVICES.

BILLING FOR ALL ACCOUNTS:
EHD will accept credit cards, checks, and cash payments for services. Accounts are billed in advance at the beginning of each account's physical month. Credit cards will be charged on or around the 1st day of each accounts renewal for any accounts that are to be paid by credit card. You will be notified on or around the 5th. day after the billing if your credit card was declined for any reason. EHD will send a friendly reminder via email to all customers who have a balance due after 5 days. Payments are due on the date of renewal. All accounts with a balance after 30 days will be charged a $10 late fee and are liable for suspension. Accounts will be reactivated when payment is made in full. Any accounts with a 45-day unpaid balance will be closed and sent to collections.
You agree to pay EHD all charges relating to use of your account (s) according to rates and prices published online at the time of use. You are responsible for charges from the application date until the account is closed and EHD may apply the amount due to your credit card at any time. You are solely responsible for informing EHD of all new customer contact and billing information including new expiration dates on your listed credit card, no remaining credit on the credit account, new credit card numbers, address and phone number changes. EHD will however send an email reminder to you if your credit card expires in an ensuing month. You are solely responsible for notifying EHD if you would like to cancel your account. Charges will continue to accrue until notice is properly given according to our cancellation policy. You are responsible for payment through the end of the cancellation month. EHD will charge an additional fee per invoice if you request invoices by U.S. mail.

CHARGES:
Charges for EHD Internet Services shall be as stated in the Internet Service Application, or as otherwise agreed in writing by the parties, and shall be payable by you commencing no later than one business day after receipt of application by EHD.
All pre-paid plans are non-refundable. All pre-paid price plans are treated as debit accounts; you are set up with a credit for indicated number of months. The fee paid assumes that you do not use hours beyond those supplied by your price plan and do not incur any additional service charges to your account. If you do incur any charges, this amount will be applied to your balance. When your balance reaches $0.00, the package is terminated, regardless of the length of time to reach that balance. All listed charges are exclusive of sales, use and other taxes, which are your responsibility.

ADDITIONAL CHARGES:
EHD will charge $25 for all returned checks. A service charge of $10.00 will be assessed on late payments. You are liable for any and all attorney fees, court costs, and collection agency fees or commissions if EHD has to resort to these methods in order to collect debts owed to EHD. You agree to pay EHD its reasonable expenses, including attorney fees, incurred in enforcing its rights under this Agreement.
Extra email address accounts are for email use only. They may not be used to access the Internet. You agree to pay a fine of $500 for flagrant disregard of allowable use policies including sending unsolicited commercial e-mail (spam) or via discussion groups whose charter does not explicitly allow advertisements. It is at EHD’s sole discretion what constitutes such flagrant disregard of allowable use.
EHD will charge a $25 fee for accounts that cancelled after the 30-day Notification period has passed. Please refer to our cancellation policy.

RELATED CHARGES:
You are responsible for any local or long distance phone charges accrued when connecting to the EHD website. You are responsible for equipment, including computer hardware and software, used in connecting to the EHD website.

LIMITED WARRANTY:
For partner software downloaded through the EHD website, your warranty is what is provided by the particular vendor. EHD does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure and hereby disclaims any and all liability on account thereof. In addition, the security mechanism implemented by the Software has inherent limitations, and you must determine that the Software sufficiently meets your requirements.

This is a limited warranty and it is the only warranty or condition made by EHD. EHD makes no other express warranty or condition and there is no warranty or condition of non-infringement of third parties’ rights. The duration of implied warranties or conditions, including without limitation, warranties or conditions of merchantability and of fitness for a particular purpose, is limited to the above warranty period; some states do not allow limitations on how long an implied warranty lasts, so limitations may not apply to you. No dealer, agent, or employee of EHD is authorized to make any modifications, extensions, or additions to this warranty. No warranty is made by or on behalf of any supplier of EHD. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse or improper use; or if you violate the terms of this Agreement, then this warranty shall be immediately terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation.This warranty gives you specific legal rights, and you may have other legal rights which vary from state to state or by jurisdiction.

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, 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.

ALLOWABLE USE:
EHD’s Internet Services may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The posting of copyrighted software without proper authorization (commonly referred to as Warez) and/or the posting of software access codes (commonly referred to as Cracks) will be cause for account cancellation with forfeiture of prepaid fees. You agree to indemnify and hold harmless EHD from any claims resulting from your use of EHD service.All Unix shell accounts provided by EHD may only be used interactively while dialed in or accessed via your cable modem. They may not be used to run processes unattended or while not dialed in including, but not limited to, any IRC bot, cron job, or screen.
Commercial advertising is an accepted and welcome use of the Internet. However, there are appropriate and inappropriate places for Internet advertising. Unsolicited commercial advertisements are not allowed in email, and will result in account suspension or cancellation and fines as stated in Additional Charges.
Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unacceptable and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. Email is a person-to-person medium, not a broadcast medium.
You agree to abide by EHD’s policies concerning use of EHD’s Internet Services. Unsolicited advertisements via email, or via discussion groups whose charter does not explicitly allow advertisements, is specifically not an allowable use.EHD reserves the right to suspend access to service for your account(s) upon an indication of disallowed use or credit problems including delinquent payments or rejection of credit card charges. If an account is suspended twice, it will be closed permanently.

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 reasonability 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).

UNAUTHORIZED USE OF ACCOUNT:
EHD will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and the like.
Harassment or abusive use of email and other Internet services is a rare but serious misuse of Internet resources. EHD will handle incidents of harassment on a case-by-case basis, consulting with all parties involved.
Any unauthorized use of accounts or computers by a EHD customer, whether or not the attacked account or computer belongs to EHD, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.

LIMITATIONS ON RESOURCE USAGE:
EHD reserves the right to impose limits on the total amount of disk space and other resources available for your use on EHD-operated computers. EHD reserves the right to remove files that exceed this limit. EHD reserves the right to delete without notice personal files that have not been accessed for more than one month.

EMAIL PRIVACY:
Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers. With regards to EHD's mail servers, EHD places a high value on privacy, and will only examine users' mail when absolutely required, for example when troubleshooting email delivery problems or being presented with a search warrant for the information.

ILLEGAL MATERIAL:
EHD bears certain legal liabilities for the use of its computer network and equipment. As such EHD must require that its customers do not use EHD's network for illegal purposes. When presented with a search warrant, EHD is obligated to release any information named therein, and will cooperate with the authorities in any criminal investigation of inappropriate Internet usage.
However, EHD recognizes that the legal status of the Internet has not yet been resolved satisfactorily, either through legislation or court precedent. Therefore EHD must make certain decisions regarding the illegality of various specific actions. Among the actions EHD considers illegal and therefore not allowed on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. EHD believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media, and that any attempt to infringe upon those rights is void of legitimacy.

WEB SERVICE:
EHD hosts commercial web pages for a fee. In all cases, the Web pages reside on EHD’s computer equipment, giving EHD some ethical responsibility for the content of such pages. EHD will handle potentially inappropriate Web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscenity. Domain name service is an additional service if that is desired. You are responsible to domain name registration authorities for any fees they may charge.
EHD grants you a non-exclusive, nontransferable, limited license to store documents on a EHD Internet World Wide Web server, and to use the server at burst bandwidth speeds up to EHD’s full capacity. Sustained average bandwidth usage, as measured by EHD, over the course of any seven (7) days shall not exceed 64 kilobits per second (kb ps). EHD shall notify you if this limit is exceeded, after which you have two (2) weeks to lower the bandwidth usage or incur an additional charge of $100 per month per 64Kbps of sustained average bandwidth usage.The term "Bandwidth" is defined as: The total additive amount of data downloaded from sites on EHD's servers that comprise a single billing group. For billing purposes, this is generally considered to be monthly.
The term "Unlimited Bandwidth" implies that the data transfer is not charged on a metered basis so long as it remains within reasonable expectations. EHD considers 10 Gigabytes a reasonable expectation for its servers. Accounts whose total Bandwidth is in excess of this expectation will be addressed on an individual basis. see (Abuse of Unlimited Traffic")

ABUSE OF UNLIMITED TRAFFIC:
The intention of EHD is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on EHD's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of EHD management. Any customer who violates EHD's Policies in abusing site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted 2 day period, the client will be billed for the overages.
EHD will be the sole arbiter as to what constitutes a violation of this provision.

TERM AND TERMINATION:
This Agreement shall become effective on the date the service application is entered into EHD’s system (no later than the end of one business day after receipt of application). EHD, at its sole discretion, may terminate this Agreement immediately or suspend your access to the service upon any breach of this Agreement by you.You are responsible for notifying EHD of your wish to terminate your account 30 DAYS PRIOR TO TERMINATION, if so desired. Charges will continue to accrue until your notification to EHD of account termination, or until your account is suspended due to late payment. After 45 days of nonpayment, EHD will close your account; you will then be required to re-subscribe according to policies in effect at that time in order to continue service.

CANCELLATION / TERMINATION POLICY:
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term whichever is then applicable,

(a) EHD will not refund to you any fees paid in advance of such termination, and
(b) you shall be required to pay 100% of EHD's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement.
Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any set-up fees. Your termination request or notice must be submitted to EHD in the manner described in the Cancellation Policy. EHD may terminate this Agreement at any time and for any reason by providing to you written notice thirty (3) days prior to the date of termination. If EHD terminates this Agreement, EHD will refund to you the pro-rata portion of pre-paid fees attributable to Services (excluding set-up fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If EHD is providing hosting services in exchange of other services provided by a customer, the customer is entitled to no refund even if services have been partially or fully completed.
Licenses granted hereunder will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of any Software and Documentation received.

EXPORT CONTROLS:
None of the Software or underlying information or technology may be downloaded or otherwise exported or re exported:
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Yugoslavia, Iran, Syria or any country to which the U.S. has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or on the installation process), then the following applies: except for export to Canada for use in Canada by Canadian citizens, the Software and any underlying technology may not be exported outside the United States or to any foreign entity or “foreign person” as defined by U.S. Government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the Software, you are agreeing to the foregoing and you are warranting that you are not a “foreign person” or under the control of a foreign person.

EFFECT OF AGREEMENT:
This Agreement (which shall include the current and future Schedules hereto) represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and not those contained in your purchase order.

MODIFICATION OF TERMS AND CHARGES:
EHD reserves the right to change rates or otherwise modify provisions of this Agreement by notifying you at least thirty (30) days before the effective date of the change, by written or online notice. Your use of EHD’s Internet Services after such notice shall constitute your acceptance of the modifications to this Agreement.

FORCE MAJEURE:
EHD’s performance hereunder is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor disputes, inability to obtain necessary supplies and the like.

SEVERABILITY:
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other provisions are unaffected.

NOTICES:
Except as otherwise provided herein, all notices hereunder shall be given in writing as follows:

COWENA ENTERPRISES
Division of eHostDepot.com
P. O. Box 403
Lumberton, NJ 08048

GOVERNING LAW:
This Agreement shall be governed by and construed under the laws of the state of New Jersey, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.

WAIVER:
Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

U.S. GOVERNMENT RESTRICTED RIGHTS:
Use, duplication or disclosure of Software and Documentation by the Government is subject to restrictions set forth in sub paragraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, and in similar clauses in the NASA FAR Supplement.

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