This Web Hosting and Dedicated Servers Services Agreement ("Agreement") is a valid legal agreement between Eserves, Inc. ("Eserves") and you, the individual or single entity ordering Eserves's web hosting services ("Services") either via an on-line order form or via Eserves's customer service call center ("Sign-up Process"). This Agreement governs your purchase and use of Eserves's Services ordered by you during the Sign-up Process. You must complete the acceptance process below before Eserves will activate the Services. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING THE ACCEPTANCE PROCESS. By selecting the "ACCEPT" button below the order form, you agree to be bound by the terms and conditions of this Agreement ("Terms of Service"). If you do not agree to be bound by these Terms of Service, you should select the "DECLINE" button below. Eserves reserves the right to reject this Agreement for any reason prior to acceptance. Activation of the Services will indicate Eserves's acceptance of this Agreement. Eserves reserves the right to suspend or cancel any customer's access to any or all services provided by Eserves when Eserves decides that the account has been inappropriately used or otherwise. These are the terms and conditions for use of the Internet services provided by Eserves. By purchasing services from Eserves, you (subscribers) agree to abide by these terms and conditions. We reserve the right to change this agreement at any time without notice.

Lawful Use Unlimited Policy High Resource User Policy Data and Backup Unsolicited Advertising (spam) Hold Harmless Payment Policy Cancellation and Refunds Fraud Fighting Indemnification Disclaimer General Responsibilities Illegal or Harmful Use Security and Integrity e-mail Uptime Guarantee Provisioning for Dedicated Servers Site Terms of Use

LAWFUL USE
Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-Hosting services of their website to other parties even if it was for free or non-profitable.
You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Subscribers is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Eserves. Should the posted material fall into this category, we reserves the right to immediately refuse or terminate service.
Eserves does not allow any of the following contents to be stored or linked to from any of its servers:
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.
- Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Eserves.
- Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Eserves does not allow any of the following contents to be stored or linked to from any of its LINUX servers:
- Online/Offline Games and Anime Sites : Includes all online/offline Casinos, Gambling, MUDs, Egg Drop, any kind of interactive gaming-related communties, PlayStation game Forums, news or reviews.
- Portals : Includes any size of portals for any purpose .
- Streaming Media : we dont allow any kind of streaming media (legal or illegal) including real audio, real video, QuickTime, ... we accept the Flash/Shockwave only as streaming media.

Eserves only allow the servers to be used for World Wide Web Page Hosting and the only files that should be present are those necessary for the correct operation of the site in question.
Eserves will terminate any account that contains any of the above mentioned contents or links without any warning and without refunding any payments.

"UNLIMITED" POLICY
High bandwidth usage: Eserves offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, Eserves may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Eserves reserves the right to impose the High Resource User Policy for the consideration of all customers.
You can run any CGI and non-CGI scripts you desire, however we reserve the right to disable any script that dramatically affects server performance.
We currently do not allow IRC or IRC bots to be operated on our servers.
We are proud to offer our clients non-restricted data transfer. This is considered any transfer of information in the form of text or graphic, directly readable by a web browser. Our intention is to provide a large storage space to serve web documents, not an off-site storage area for electronic files. All web pages (HTML) must be 'linked' with files (.GIF, .JPEG, etc.) that are stored on our servers. Web sites that are found to contain either/or no HTML documents or a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our administration.
As a note, over 85% of our clients never exceed even 2000 megs of total FTP and web page transfer combined, so you can be assured that our bandwidth is not choked by numerous 'load-heavy' sites. To further protect the integrity of our service, any individual site consistently using 10% or more of the system's resources may be issued a warning or have its account deactivated.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
Eserves may implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available Eserves reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

DATA AND BACKUP
While we do back up our system files, we do not back up domain files uploaded by our subscribers. This means that if you upload web pages or other personal files to our system, you must keep a backup on your own machine. Subscribers agree that Eserves has the right to delete all data, files, or other information that is stored on Eserves's servers upon termination of services, or cancellation of account due to non-payment or breaking of any of these terms by subscriber.

UNSOLICITED ADVERTISING (spam)
Unsolicited advertising (spam) via E-mail or newsgroups is prohibited and shall result in immediate account dismissal. "Spamming", including (but not limited to) mass-E-mailing, cross-posting, or otherwise causing abuse to others on the net is prohibited and will be grounds for account dismissal. Any actions construed to be negligent, malicious, or a denial-of-service attack is strictly prohibited.

HOLD HARMLESS
Subscribers will indemnify and hold Eserves harmless (including officers, employees, agents, and shareholders) of any and all claims, costs, expenses or liability resulting from any damage to Subscribers's business, service, equipment, network, operations, or reputation resulting from Eserves's actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.

PAYMENT POLICY
All accounts are set up on a prepay basis. Although Eserves reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment.
In order to streamline our accounting procedures and keep costs down Eserves accepts credit cards: Mastercard, Visa (not Visa electron), Discover and American Express, and cash transfers by: Western Union or American Express, in some cases Eserves accepts direct payment to its bank account.
In addition, Eserves reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a cancellation request, Customer can request cancellation and non-renewal of his account at least 7 days before renewal date, Eserves will automatically re-bill your credit card within 7 days before renewal date, Renewal fees are completely non-refundable.

CANCELLATION AND REFUNDS  
 
Eserves reserves the right to cancel the service at any time. Customer refund and money back guarantee requests are to be sent via email to: refund@Eserves.com and will only be processed in the cases of service non-performance that might be caused by Eserves's side, Refund requests will be refused if requested for any cause that is out of Eserves's side such as:
- Domain transfer failure.
- Failure of any third party programs or features that are not supported or promoted by Eserves.
- Customer's lack of experience in dealing with web basics and communication protocols
- Customer's breach of any of above mentioned terms of service.

FRAUD FIGHTING
For Those Thinking About Committing Fraud :
1. Card fraud is a federal crime and a felony punishable by heavy fines and jail time. Fraudulent behavior will be prosecuted aggressively and with a passion to the fullest extent of the law.
2. The ID and address of your computer and your ISP provider have been determined, and recorded as a safeguard against fraudulent behavior and may be used by Eserves or legal entities to prosecute guilty parties.
3. All information must match card account records as provided by the card-issuing bank. Inputting intentionally false information is fraud and will not be tolerated and may subject you to prosecution.
4. Card numbers are transmitted directly to the banking network for authorization. Eserves considers fraud a direct and serious threat to our business profitability. We do not take any effort to defraud lightly and will prosecute whenever and wherever possible to the fullest extent of the law.

INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold Eserves harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Eserves, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Eserves against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Eserves's server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from Eserves server.

DISCLAIMER
Eserves will not be responsible for any damages your business may suffer, Eserves makes no warranties of any kind, expressed or implied for services we provide.
Eserves disclaims any warranter merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Eserves and its employees.

YOUR GENERAL RESPONSIBILITIES
The Services enable you to develop and display a Web site through which you can interact with users of the Internet and retrieve and send vast amounts of information. Generally, Eserves will not actively monitor, censor, or directly control any content that is or will be displayed on your Web site(s) or information that you collect or use through your Web site(s). Eserves, however, provides the Services with the goals of (a) ensuring security, reliability and privacy of the Services and the users of the Services, (b) maintaining an image and reputation of Eserves as a responsible provider of the Services, (c) preserving the value of Internet resources as a conduit for free expression, (d) encouraging the responsible use of Internet resources and discouraging degrading, libelous or illegal uses of such resources. Consequently, Eserves expects you, and all other users of the Services, to take responsibility in using the Internet with courtesy and responsibility, and be familiar with and to practice good Internet etiquette, in furtherance of the above stated goals.

VIOLATION OF ANY OF THESE GUIDELINES IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Eserves ACCORDING TO THE HOSTING AGREEMENT. YOU WILL REMAIN SOLELY LIABLE AND RESPONSIBLE FOR YOUR USE OF THE SERVICES AND ANY AND ALL CONTENT THAT YOU DISPLAY, UPLOAD, DOWNLOAD OR TRANSMIT THROUGH THE USE OF THE SERVICES. "CONTENT" INCLUDES, WITHOUT LIMITATION, YOUR E-MAIL, WEB PAGES, PERSONAL HOME PAGES, AND DOMAIN NAMES. IT IS Eserves'S POLICY TO TERMINATE REPEAT INFRINGERS.

ILLEGAL OR HARMFUL USE
You may use the Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these Usage Guidelines is prohibited. The following non-exhaustive list details the kinds of illegal or harmful conduct are prohibited. Eserves reserves the rights to restrict or prohibit any and all uses of the Services or content on your Web site(s) and to remove such materials from its servers, that Eserves determines in its sole discretion is harmful to its servers, systems, network, reputation, good will, other Eserves customers, or any third party.

Infringement. Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.

Offensive Materials. Transmission, disseminating, sale, storage or hosting material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Export Violations. Posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.

Harmful Content. Disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Fraudulent Conduct. Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers.

SYSTEM AND NETWORK SECURITY AND INTEGRITY
Violations of Eserves's or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Eserves may investigate incidents involving such violations. Eserves may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following:

Hacking. Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.

Interception. Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.

Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

Falsification of Origin. Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.

Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out

Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.

E-MAIL
You may not distribute, publish, or send any of the following types of e-mail:

• Unsolicited promotions, advertising or solicitations (commonly referred to as "spam"), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails.
• Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form.
• Harassing e-mail, whether through language, frequency, or size of messages.
• Chain letters.
• Malicious e-mail, including without limitation "mailbombing" (flooding a user or Web site with very large or numerous pieces of mail) or "trolling" (posting outrageous messages to generate numerous responses).
• E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
• In addition, you may not use Eserves's mail server or another Web site's mail server to relay mail without the express permission of the account holder or the Web site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.

DEDICATED SERVER UPTIME GUARANTEE
(a) Coverage

These Eserves Acceptable Use And Service Guidelines apply to you if you have registered for either Shared Hosting Services or Dedicated Hosting Services (collectively, the "Service") and you are in good financial standing with Eserves.

(b) Service Level

Eserves endeavors to have the content of your Web site available for http access by third parties 99.9% of the time ("Web Site Availability").

(c) Credits

In the event that there is no Web Site Availability, Eserves will credit the following month's service fee as follows. For Shared Hosting services, such credit will be retroactive and will be as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

Customer Web Site Availability Credit

95% to 99.8% 25%

90% to 94.9% 50%

89.9% or below 100%

For Dedicated Hosting services, if the Web Site Availability is between 98.9% and 99.9% for any particular month, the credit will be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for Dedicated Hosting services, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty percent (50%) of the monthly service charge for the affected month.

Minutes of continuous downtime Credit

60 25%

Three 60 minute intervals or more 50%

In order for you to receive a credit on your account, you must request such credit within ten (10) business days after you experienced no Web Site Availability. You must request credit by sending an electronic mail message to dedicated@eserves.com For security, the body of this message must contain your account number, the dates and times of the unavailability of your Web site, and such other customer identification requested by Eserves. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account will be your sole and exclusive remedy in the event that there is no Web Site Availability.

(d) Restrictions

Credits will not be provided to you in the event that you have no Web Site Availability resulting from (i) scheduled maintenance as posted from time to time at Eserves, (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond Eserves's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site.

NEXT BUSINESS DAY GUARANTEED PROVISIONING FOR DEDICATED SERVERS
(a) Coverage

Eserves's Next Business Day Guarantee will only apply to those standard, pre-configured Dedicated Servers specifically noted as subject to the Next Business Day Guarantee on the Eserves web site ("Covered Servers"). This guarantee does not apply to non-standard configurations, such as changing RAID levels, and other add-on features. Eserves retains the right to add or delete Dedicated Servers from the Next Business Day Guarantee, at any time without notice, or cancel the Next Business Day Guarantee at any time without notice.

(b) Guarantee

For those Covered Servers described in (a) above, Eserves will Provision such servers by the Next Business Day of receiving a customer order, once such customer order has been confirmed and any necessary credit checks have been performed. Next Business Day will mean that, for those customer orders for Covered Servers received and confirmed (including any necessary credit checks) by 6:00 p.m. United States Eastern Time during a Business Day, the Covered Server will be Provisioned by 6:00 p.m. Canada Eastern Time the following Business Day. Business Day will mean Monday through Friday, excluding the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. Provision will mean that Eserves has generated an E-mail to the customer with the proper information to enable the customer to send and receive information from and to the Covered Server.

(c) Credit

If Eserves is unable to meet the Next Business Day Guarantee as described in this Section 6, Eserves will issue a credit or refund of One Hundred Dollars ($100.00) of the Set-up fee described for the Covered Server on Eserves. Such credit may be applied to future months service fees in Eserves's discretion.

(d) Restrictions

Credits will not be provided to you in the event that you do not have your Covered Server Provisioned by the Next Business Day resulting from (i) your behavior or the performance or failure of your equipment, facilities or applications, or (ii) circumstances beyond Eserves's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site.

Credits will not be provided to you in the event that you do not have your Covered Server Provisioned by the Next Business Day resulting from (i) your behavior or the performance or failure of your equipment, facilities or applications, or (ii) circumstances beyond Eserves's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web site.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE USAGE GUIDELINES, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, WILL BE CONSIDERED VIOLATIONS OF THE USAGE GUIDELINES BY YOU.

If you want to report any violations of these Usage Guidelines, please contact abuse@Eserves.com

Eserves reserves the right to revise the above mentioned policies at any time.