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My use
of e-Bizhost, LLC's systems, servers, and facilities constitutes
my agreement with the Terms and Conditions of this Terms of Service
Agreement as follows:
- The
phrase "e-Bizhost, LLC" refers to e-Bizhost, LLC a Maryland
corporation (Mailing Address: e-Bizhost, LLC, 332 140 Village
Rd, Ste 7, PMB 108, Westminster, MD 21117 USA), its assigns and
operators. The phrase "customer" refers to the person
or entity who is a subscriber of e-Bizhost, LLC.
- e-Bizhost,
LLC and all other services provided to the customer by e-Bizhost,
LLC may only be used in accordance with all applicable laws, statutes,
regulations and rules and solely for lawful purposes. Transmission,
promulgation, theft, procurement of, communication, alteration,
publication or storage of any information, protected material/property,
data or material in violation of any National Law of any sovereign
nation, or of International Law, the United States Annotated Code,
or of any state or local law, statute, regulation or rule is strictly
prohibited. This includes, but is not limited to any material,
data, matter, software/software code, intellectual property, protected
by copyright, trade mark, privacy or other proprietary, personal
or property right, trade secret, or any other statute. It is unlawful
and a violation of this Agreement to communicate, transmit, or
promulgate in any matter, means or medium, any threatening, harassing,
or obscene material, matter, communication of any sort, or to
otherwise use e-Bizhost, LLC services for any illegal or unlawful
purpose.
- The
customer agrees to indemnify and hold harmless e-Bizhost, LLC,
its officers, shareholders, agents, employees, it's upstream provider,
and its other customers from any and all claims, costs, expenses,
judgments, causes of actions, attorneys fees, litigation and court
costs resulting from the customer's use of e-Bizhost, LLC's services
in any manner, whether directly, indirectly or by any act of commission
or omission.
- The
Customer is solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations pertaining
(i) to the subscriber's use of any e-Bizhost, LLC services, and
(ii) the communications means by which the Customer connects a
terminal or PC to any other service provided by e-Bizhost, LLC.
- If
the annual payment term is not selected and paid in advance, then
payment of the service fee (for the selected period of service)
is due, in advance, on the first day of the service period selected
by the Customer for access to e-Bizhost, LLC services (payment
for successive periods is due on the same day of the next period
of service access- ie may be other than the first day of the month).
Payments not made by the 10th day of the commencement of the payment
period are to be considered delinquent and will be charged interest
at the rate of 1.5% per month (18% per cent per annum), or the
maximum permitted legal rate, whichever is lower. Returned checks
will be charged a fee of the maximum pecuniary penalty permitted
by law. Except for the first month in which service is started,
monthly service is not prorated. Credit card customers agree to
pay all billed amounts until the Customer cancels the e-Bizhost,
LLC services account or discontinues credit card billing.
- In
the event e-Bizhost, LLC is required to engage the services of
an attorney because of a breach by the Customer of any of the
terms herein contained, the Customer agrees to pay all of e-Bizhost,
LLC reasonable attorneys fees and court costs. Upon breach of
this Agreement, all of the Customer's rights and privileges shall
be immediately terminated and upon any such termination for breach
of the provisions of this Agreement, or the breach of any applicable
law or statute governing the use of the services provided, all
Customer fees shall be forfeited as liquidated damages to e-Bizhost,
LLC. In the event of litigation both parties agree that the Law
of Maryland shall apply and both parties consent to the jurisdiction
of the state courts of Baltimore, Maryland, or in the event of
diversity of citizenship, the United States District Court for
the District of Maryland. Both parties expressly waive a jury
trial.
- The
Customer agrees that e-Bizhost, LLC has the right to delete all
data, files or other information that is stored in the customer's
account if the customer's account with e-Bizhost, LLC is terminated,
for any reason, by either e-Bizhost, LLC or the subscriber.
- The
Customer agrees that e-Bizhost, LLC is not responsible for the
integrity or loss of data for any reason, in accordance with the
terms of limited liability in paragraph 13 of this document.
- Accounts
on e-Bizhost, LLC and other services provided by e-Bizhost, LLC
can be cancel at any time by either e-Bizhost, LLC or the Customer,
upon 10 days written notice sent by the Customer to the e-Bizhost,
LLC address listed in this Agreement, or by e-Bizhost, LLC upon
10 days written notice sent to the last mailing address listed
with e-Bizhost, LLC on the Account Application. It shall be the
Customer's responsibility to keep e-Bizhost, LLC informed of the
valid mailing address to which notice can be sent. The foregoing
provisions to the contrary notwithstanding, e-Bizhost, LLC can
immediately terminate the Customer's access to e-Bizhost, LLC's
services for breach of paragraph 2 of this Agreement.
- e-Bizhost,
LLC shall have the right to suspend service to the Customer at
any time, and for reasonable cause, without notice. If such a
suspension is to last for more than 15 days, the Customer will
be notified as to the reason.
- The
Customer certifies that he or she is at least 18 years of age.
- LIMITED
WARRANTY: E-BIZHOST, LLC WARRANTS THAT, IF A SUBSCRIBER IS DISSATISFIED
WITH THE SERVICE, E-BIZHOST, LLC WILL, UPON WRITTEN NOTIFICATION
RECEIVED FROM THE CUSTOMER, REFUND THE SERVICE FEES FOR THE MONTH
FOLLOWING THE DATE OF RECEIPT OF WRITTEN NOTICE AND ANY PREPAID
FEES FOR FUTURE MONTHS LESS ANY DISCOUNTS GIVEN FOR PREPAID ACCOUNTS.
OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY E-BIZHOST, LLC
REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH,
IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF THE
E-BIZHOST, LLC SERVICE OR OTHER SERVICES PROVIDED BY E-BIZHOST,
LLC, AND E-BIZHOST, LLC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS
TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS,
OR SERVICES; AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
- LIMITED
LIABILITY: ANY LIABILITY OF E-BIZHOST, LLC, INCLUDING WITHOUT
LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT
OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF RECORDS WHETHER FOR BREACH OF Agreement, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY
LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE CUSTOMER TO
E-BIZHOST, LLC FOR THE CURRENT MONTH.
- The
customer agrees that Breach of the conditions described in this
document shall constitute breach of this Agreement authorizing
e-Bizhost, LLC to immediately terminate the Customer's account,
forfeit all paid customer fees and pursue such other legal remedies
as are herein provided. e-Bizhost, LLC reserves the right to amend
this document from time to time and any such amendments shall
become effective upon promulgation. Customer shall have the right,
for a period of 15 days after the promulgation of any amendments
to this document, to terminate the Agreement, (upon written notice
by certified mail) and receive a refund of any Customer fees attributable
to any period of time subsequent to the effective date of any
such amendments to this document.
- Upon
acceptance of the Customer's Account Application and upon payment
as provided therein, the Customer will be provided with personal
access instructions and access to the e-Bizhost, LLC services
selected, which permissions shall remain valid and in force and
effect during the pendency of this Agreement.
- This
Agreement represents the complete understanding between the parties
as to the subject matter hereof, and supersedes all prior written
or oral negotiations, representations, guaranties, warranties,
promises, orders, statements or agreements between the parties
or any statement or representation made or furnished by any other
person representing or purporting to represent either party.
- Use
of e-Bizhost, LLC's services constitutes acceptance of this Terms
of Service Agreement.
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