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.