TERMS AND CONDITIONS
THIS IS A LEGAL BINDING CONTRACT. IF YOU HAVE ANY QUESTIONS
CONCERNING YOUR RIGHTS OR RESPONSIBILITIES UNDER THIS CONTRACT
CONTACT AN ATTORNEY BEFORE YOU ORDER ANY HOSTING SERVICES.
Ordering
a Hosting Plan with e3 Internet Services Group, Inc. (hereafter “e3”) signifies that the Customer agrees
to and abides by the following contractual provisions (hereafter "Agreement").
In consideration
of e3’s providing services to Customer,
in which Customer agrees to timely pay for said services, which
each party acknowledges as good and valuable consideration both
parties agree that:
Both parties agree that the purpose of this Agreement is for
e3 to provide web hosting services to the customer which includes,
but is not limited to, the following services: providing disk
space on an internet server, allowing said disk space to be accessible
over the internet, providing e-mail capability to customer and
to generally provide customer with the services more fully described
on the hosting plans web page at the time customer orders hosting
services. These hosting services may increase or decrease over
time, however before any decrease in services the Customer will
receive written notification of a decrease in services and be
provided either a future account credit or the ability to terminate
the Agreement, whichever e3 agrees to at the time of the decrease.
There shall be no compensation of any sort past the date of acceptance
of the decrease provided by e3 at the time of the decrease of
services.
Customer agrees that Customer will abide by, at all times, all
the terms conditions in the current Acceptable Use Policy located
at http://www.e3servers.com/aup.htm. Failure to do so is considered
a breach of this Agreement and Customer agrees that in the event
of a Customer breach due to violations of the Acceptable Use
Policy Customer shall forfeit any monies paid to e3 as compensation
for said breach in addition to all damages suffered by e3 due
to a violation of the Acceptable Use Policy. In the event the
breach involves spamming, or any related activity to spamming,
Customer agrees to pay a penalty of $750.00 (U.S. Dollars) for
each violation in addition to any damages caused to e3 and Customer
fully acknowledges and authorizes e3 to debit any credit card
said amount for each violation.
Customer
acknowledges that there may be limits upon Customer's account
and that violating said limits of the account shall incur
additional fees above and beyond the base price for the hosting
plan. A few of these additional fees which may be charged to
Customer's account, without Customer's prior knowledge include,
but are not limited to, overages on the amount of disk space
used by Customer, overages of the transfer rate for Customer's
account, and/or using an account in violation of the current
Acceptable Use Policy. A full listing of the additional fees
can be found on e3’s web site. Overages based upon the
transfer rate will be rounded up to the next highest gigabyte
for fee calculations. It is the Customer’s responsibility
to be aware of the fee schedule and to monitor Customer’s
account. There is no responsibility for e3 to notify Customer
of an upcoming overage or notification that Customer may exceed
Customer’s limit.
Customer acknowledges that Customer's account will automatically
renew after the initial term of the hosting plan unless Customer
provides e3 a written cancellation. Cancellations must be received through this form: http://e3servers.com/cancel.htm. If you wish to cancel your hosting you must use this form. Cancellation is effective at the end of the current month with one exception. You must cancel four business days before the end of the month (a business day is Monday through Friday). Failure to cancel before this four day period will make your cancellation effective the following month. When you cancel you will not be billed any further for hosting but your services will run until the end of the month (unless you cancel less than four business days before the end of the month. If you cancel within this time period then your cancellation will be effective the following month.)
Under no circumstances will e3
raise the prices of the renewal term without first contacting
Customer for Customer's approval. Customer may, however, terminate
this Agreement at any time before the expiration of the contract
period but will not receive a pro-rata refund for any portion
of the hosting plan contract period not utilized. Customer will
receive a full refund, however, if Customer terminates the account
in writing within 30 (thirty) days of the initial order date
of the hosting plan provided that Customer has not violated the
current Acceptable Use Policy, in which case, if Customer has
violated said policy Customer agrees to forfeit as partial compensation
for damages all monies paid to e3 by Customer with no possibility
for refund and the possibility of spamming violation charges
as previously mentioned. Customer further acknowledges that e3
can terminate this Agreement at any time for violations of the
current Acceptable Use Policy and not provide Customer a refund
of any monies paid if Customer has violated the current Acceptable
Use Policy. If e3 decides to terminate this Agreement for any
other reason besides violations of the current Acceptable Use
Policy, Customer will receive a pro-rata refund of the hosting
plan period not utilized by the early termination by e3 based
upon the amount of days left not utilized by the early termination.
Customer
acknowledges that if Customer uses e3’s services
and then initiates a chargeback(s) after using services defined
under this Agreement, e3 will notify the local law enforcement
office of the theft of services and will institute civil proceedings
to recover the monies due under this Agreement. Customer acknowledges
that if e3 institutes civil proceedings to recover said monies,
Customer agrees that Customer will be liable for all court costs,
and will be liable to e3 for all attorneys' fees e3 has to pay
to proceed in the recovery of said monies.
e3 RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON
NOT PROHIBITED BY LAW. e3 ALSO RESERVES THE RIGHT TO TERMINATE
SERVICE TO ANY CUSTOMER FOR ANY REASON NOT PROHIBITED BY LAW.
YOU AGREE TO USE ALL e3 SERVICES AT YOUR OWN RISK. e3 SPECIFICALLY
DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND IN NO EVENT SHALL e3 BE LIABLE FOR ANY
LOSS, OR LOSS OF DATA, OR OTHER COMMERCIAL DAMAGE, INCLUDING
BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER
DAMAGES CAUSED BY ANY NEGLIGENCE BY e3 OR ANY SUPPLIER, PROVIDER
OR OTHER BUSINESS ASSOCIATED WITH e3. CUSTOMER FULLY UNDERSTANDS
THAT CUSTOMER IS ULTIMATELY RESPONSIBLE FOR THE BACKUPS OF ALL
OF THEIR WEBSITE DATA AND CUSTOMER CANNOT HOLD LIABLE e3 FOR
THE LOSS OF SUCH DATA.
Customer
agrees that it shall defend, indemnify, save and hold e3 harmless
from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney’s fees asserted
against e3, its agents, its customers, officers and employees,
that may arise or result from any service provided or performed
or agreed to be performed or any product sold by customer, it’s
agents, employees or assigns. Customer agrees to defend, indemnify
and hold harmless e3 against liabilities, including but not limited
to, the following:
1. Any injury to person or property caused by any products sold
or otherwise distributed in connection with e3 services;
2. Any material supplied by Customer infringing or allegedly
infringing on the proprietary rights of a third party;
3. Copyright infringement and/or
4. Any defective products sold to customer from e3.
Customer agrees that Customer's sole remedy in the event of
a default by e3 is the recovery of the amount of money paid to
e3 by Customer as liquidated damages and that there shall be
no money paid for damages based upon negligence, tort liability,
punitive damages, consequential damages and/or any attorneys'
fees paid Customer in pursuing any rights Customer may have under
this Agreement or the law.
Customer agrees that Customer is the end user of these services
and that Customer cannot assign, sublet, resell or otherwise
distribute these services to anyone else without prior written
consent of e3.
Customer
and e3 agree that venue and jurisdiction for any disputes arising
from this Agreement shall be litigated in the county
of the state where e3’s business office is currently located
and all disputes against e3 by Customer must first go to non-binding
mediation, and attempt to resolve the dispute in good faith,
in the venue and jurisdiction of e3's business office. Failure
of Customer to attempt a good faith resolution in non-binding
mediation shall prohibit Customer from proceeding in a civil
court action.
This Agreement constitutes the entire Agreement between the
parties. There are no other representations, either oral or written
(except those mentioned herein), between the parties with respect
to this Agreement.
This Agreement is the result of negotiations by both parties
and the authorship of this Agreement shall be neutrally interpreted
and not strictly interpreted against the drafter.
If a court of competent jurisdiction shall invalidate any provision
or section within this Agreement such adjudication shall not
render the rest of this Agreement invalid or void.
This Agreement is subject to, shall be interpreted by, and governed
by the laws of the Commonwealth of Pennsylvania.
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