A: WARRANTIES and LIMITATION OF
LIABILITY: With respect to the Services to be
provided hereunder, Customer understands and
acknowledges that , ENTERNET SOLUTIONS and/or DANIEL OTT
and THE EDGE BROADCASTING NETWORK MAKES ABSOLUTELY NO
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. Customer
further agrees that ENTERNET SOLUTIONS and/or DANIEL OTT
and THE EDGE BROADCASTING NETWORK shall not be liable to
Customer for any claims, damages, or loss of profit
which may be suffered by Customer or any other entity in
any respect for direct, indirect, consequential, actual,
or punitive damages arising out of or in relation to the
Services provided hereunder, including, but not limited
to, losses or damages resulting from loss of data due to
delays, non-deliveries, or Service interruptions. The
utilization of any data or information received by
Customer from use of the Services to be provided by
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK is at Customer's sole and absolute
risk. ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK specifically disclaims and denies
any responsibility for the completeness, accuracy, or
quality of such data or information.
B: All set-up and
Initial Term fees are non-refundable, in whole or in
part, even if Customer's Web hosting or any other
Service account shall be suspended, cancelled, or
transferred prior to the end of Customer's then-current
term. Any termination or cancellation by ENTERNET
SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING
NETWORK or Customer shall not relieve Customer of the
obligation to pay all fees accrued prior to such
termination or cancellation.
C: DEFAULT;
ACCELERATION; AND WAIVER OF NOTICE: Should Customer fail
to pay Customer's bill as required by this Agreement, or
should Customer otherwise breach this Agreement,
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK may declare Customer in default and
require Customer to pay the entire debt immediately and
without prior notice. Further, in the event of default,
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK may act, in its sole discretion, as
Customer's Attorney-in-Fact to execute actions or
proceedings in connection with this Agreement,
including, but not limited to, selling or otherwise
disclosing Customer data and/or the Registered Name
registration.
D: INDEMNIFICATION: Customer shall
indemnify and hold harmless ENTERNET SOLUTIONS and/or
DANIEL OTT and THE EDGE BROADCASTING NETWORK from any
and all loss, cost, expense, and damage on account of
any and all manner of claims, demands, actions, suits,
proceedings, judgments, costs, and expenses that may be
initiated against ENTERNET SOLUTIONS and/or DANIEL OTT
and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS
and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK
officers, directors, and employees for any Service
provided to Customer by ENTERNET SOLUTIONS and/or DANIEL
OTT and THE EDGE BROADCASTING NETWORK, to include Web
space content that violates any copyright, trademark, or
service mark; any proprietary right of any person or
entity; any state and/or federal laws or regulations; or
contains any defamatory matter.
E: Warranty Disclaimer.
YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE
PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF
ANY KIND. ENTERNET SOLUTIONS and/or DANIEL OTT and THE
EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT HEREBY DISCLAIMS ANY WARRANTY OR CONDITION
WITH RESPECT TO THE QUALITY, PERFORMANCE OR
FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH
RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION
OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES
AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE
UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY
CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT OR UNITED ONLINE WEB SERVICE’S
REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER
SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY.
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT DISCLAIMS ALL WARRANTIES OR CONDITIONS,
EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT
AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS
AND CONTENT. ENTERNET SOLUTIONS and/or DANIEL OTT and
THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS
and/or DANIEL OTT DOES NOT GUARANTEE THAT USERS WILL BE
ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR
CHOOSING. ENTERNET SOLUTIONS and/or DANIEL OTT and THE
EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT DOES NOT WARRANT THAT THE SERVICES ARE
COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE,
EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS
THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY
SERVICE OR ENTERNET SOLUTIONS and/or DANIEL OTT and THE
EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT IN PARTICULAR.
F: Limitation of HostMonster’s Liability.
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT SHALL NOT BE LIABLE FOR NONPERFORMANCE OR
DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER
WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE,
LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR
LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGES. ENTERNET SOLUTIONS and/or DANIEL OTT
and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS
and/or DANIEL OTT SHALL NOT BE LIABLE FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY.
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY
WITH RESPECT TO ANY USE OF THE SERVICES IS THE
CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO
EVENT SHALL HENTERNET SOLUTIONS and/or DANIEL OTT and
THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS
and/or DANIEL OTT LIABILITY TO YOU EXCEED THE GREATER OF
ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH
BY YOU TO ENTERNET SOLUTIONS and/or DANIEL OTT and THE
EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or
DANIEL OTT FOR THE PRIOR ONE MONTH PERIOD. NO ACTION,
REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF
THE SERVICES MAY BE BROUGHT BY YOU OR ENTERNET SOLUTIONS
and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and
ENTERNET SOLUTIONS and/or DANIEL OTT MORE THAN ONE YEAR
AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION
HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A
LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH
OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, ENTERNET
SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING
NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT
LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
G: IN WITNESS WHEREOF,
the parties hereto, intending to be legally bound
hereby, and in consideration of the covenants and
agreements contained herein, do hereby execute this
instrument, with each party warranting its ability to
enter into this Agreement for the person or entity
herein named as a party hereto. By calling, writing or
e-mailing and authorizing and submitting credit card
information whether verbally or electronically and
where applicable using a IP address captured and logged
by ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE
BROADCASTING NETWORK (or by placing a recorded
telephonic order with an ENTERNET SOLUTIONS and/or
DANIEL OTT and THE EDGE BROADCASTING NETWORK
representative from a valid telephone number ), Customer
agrees to all the terms and conditions of this
Agreement.