e-WebHosting Agreement for Services and Terms of Use

Description

e-Controller provides an online computer application service that enables a user of that service to access their applications remotely from e-Controller’s servers across an Internet connection.

Definitions

“Server” means the computer(s) where customer applications and data are stored by e-Controller.

“Customer” means any person or entity purchasing the service described in this Agreement.

“Service” means the availability of Customer’s applications and data from e-Controller’s server(s) across an Internet connection to Customer.

In consideration of the mutual promises and covenants contained herein, the parties agree as follows.

Charges for Services

1. Charges and terms for payment are set out in the e-WebHosting Order Form & Agreement. e-Controller reserves the right to amend the terms of services and charges from time to time and will notify Customer by mail, private delivery service, facsimile transaction, or electronic mail, at its option, of any such changes ~~thirty~~ fifteen days before they are effective.

2. The installation fee is non-refundable.

3. The monthly fee for obtaining the Service shall be charged to the Customer’s account and periodically billed according to the e-Controller Service Agreement and Order, until the account is terminated.

4. Accounts may be prepaid by credit card, cashiers check, or personal company check upon approval. Prepaid services are non-refundable.

1. In the event the Customer fails to meet any obligation contained in this Agreement, e-Controller reserves the right to terminate the Service with written notification by mail, private delivery service, facsimile transaction, or electronic mail. In the event the Customer fails to meet an obligation contained in the Agreement that puts e-Controller in legal jeopardy or liability, e-Controller reserves the right to terminate the Service immediately and without notice.

Conditions of Service

In addition to these Conditions of Service, Terms of Service are posted at www.e-controller.com/terms.htm and are subject to change at e-Controller’s discretion. Breech of these terms is cause for termination.

1. The Customer shall not use the Service for any activities that are illegal or fraudulent, including activities prohibited under the Federal Telecommunications Act 1989 or under other any applicable federal or state law or regulation.

2. The Customer is solely responsible for the confidentiality of passwords and other access codes to the Service, and shall take all necessary precautions to avoid the disclosure of these and other confidential information relating to the Service.

3. The Customer may not transfer their right to use the Service to any other party without prior agreement between e-Controller and Customer.

4. The Customer may not in any way resell or redistribute the Service to any other party.

5. e-Controller is not liable to the Customer or another person or entity for any cost, loss expense, or liability, including but not limited to any loss of profit or other incidental or consequential damage, arising from providing or failing to provide the Service or unauthorized use of any password or access code

6. The Customer is solely responsible for determining the suitability of the Service for its purposes.

Customer Accounts

1. e-Controller may deny the Customer access to the Server in the event that the Customer fails to make any payment when due or fails to perform any other obligation provided for in this Agreement.

2. All outstanding account balances and any additional fees incurred must be paid-in-full before a terminated account is re-established.

Warranties and Limitations of Liability

e-Controller shall not be liable for any breach of this Agreement caused by an Act of God, national or local emergency, acts of government, acts of war or civil disorder, military operations, industrial disputes, fire, flood, lightning strike, weather damage, subsidence or earth quake, interruption of electrical or telecommunications services provided to Customer or e-Controller by third parties, or acts or omissions of persons or entities over whom e-Controller has no control.

The e-Controller service is provided to a commercially acceptable standard without any warranty of any nature or kind, either express or implied, including but not limited to the implied warranties of merchantability and the fitness for a particular purpose, and the entire risk as to the suitability, quality and performance of the software is with the Customer. Notwithstanding anything to the contrary, e-Controller shall have no liability for any loss, claim, expense or damages howsoever denoted, and expressly excluding, without limitation, consequential, incidental, special, or indirect damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use or to provide the service. Even if e-Controller has been advised of the possibility of limiting the generality of the foregoing, e-Controller shall not be liable to the Customer for any loss or damage, however arising, because of the failure of the service or a failure to maintain any data of the Customer. These disclaimers include, but are not limited to, any negligent act on the part of the Company or the control of passwords and access code created for use of the Service at the request of the Customer. Customer is advised to maintain and safeguard its password, as e-Controller cannot provide any means of access to Customer’s data without it.

The Internet is neither owned nor controlled by any one entity; therefore, e-Controller can make no guarantee that any given user shall be able to access e-Controller’s servers at any given time. Use of any information obtained via the Internet to and from e-Controller’s network is at Customer’s own risk. e-Controller represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible. e-Controller specifically denies any responsibility for the accuracy or quality of information obtained through its services.

e-Controller assumes no responsibility for any encrypted data that is sent to, stored on, or retrieved of a e-Controller server. The technology used to encrypt data being transmitted to and from e-Controller’s servers is licensed by e-Controller from a third party and e-Controller makes no claims or warranties regarding the viability, integrity, or robustness of the encryption technology utilized. e-Controller is not responsible for the success or failure of the security technology to properly encrypt data. Customer assumes the risk that the encryption algorithm may be broken so that the data being transmitted is visible to others. e-Controller assumes no responsibility for any commercial transactions attempted or completed involving any e-Controller service or the third party software and other products and services designed to enable such transactions used by customer. Customer’s rights and obligations with respect thereto are subject solely to any agreement(s) between Customer and such third party.