East Side - Multimedia&Hosting

East Side Hosting & Servers – Terms of Agreement and Policies
1. ACCEPTANCE OF
TERMS Welcome to East Side Servers . We 'Thank You' for your business and will work hard to provide great service. East Side Servers provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. ESS is not responsible for any viewing of old or cached versions of this document are result in any loss whatsoever. In addition, when using particular East Side Servers services, you and East Side Servers shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. East Side Servers may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
East Side Servers currently provides users with access to various communications tools through its network of services. East Side Servers offers a full complement of web development tools and applications for enabling internet sites. These services include e-mail and web based applications, including shopping cart systems, mysql databases, webmail, administration and user site login panels. We work hard to provide reliable services yet these services are firstly subject to provider downstream conditions which may vary. East Side Servers is not subject to losses contributed to any downstream interruption. Neither is East Side Servers liable for client side misconfiguration of any kind. Unless explicitly contracted services are not guaranteed on a continuous basis and may vary. East Side Servers does not do virus scanning and is not responsible for any losses arising from any kind of virus. East Side Servers virus protection service is not guaranteed, databases are on a scheduled update system, of which have proven reliable. You also understand and agree that the service may include certain communications from East Side Servers, such as service announcements and administrative messages, and that these communications are considered part of East Side Servers membership and you will be understood as having received and read them. Unless explicitly stated otherwise, any new features that augments or enhances the current services, including the release of new East Side Servers applications, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that East Side Servers assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. East Side Servers does not accept responsibility for mail delivery, either at the local system or from the internet. East Side Servers does not guarantee the transaction of any mail or attachments between servers, either local or remote. Webmail users e-mail folders and files are not warranted as protected or backed up and are the responsibility of the user to backup up daily if needed. East Side Servers does not attempt to control the actions of its users, who bear sole responsibility for any illegal use. East Side Servers in not responsible for any loss incurred using our services.
3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as required by East Side Servers, and (b) maintain and promptly update said information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or East Side Servers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, East Side Servers has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. East Side Servers PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. We reserve all rights and informaiton. East Side Servers is not liable for any and all missrepresentation of privacy policy. East Side Servers is not responsible for any privacy infraction with regards to intrusion, hacking, theft, or system compromise in any way.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify East Side Servers of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. East Side Servers cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not East Side Servers, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. East Side Servers does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will East Side Servers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.You agree to not use the Service to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a East Side Servers official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
collect or store personal data about other users.

You acknowledge that East Side Servers may not pre-screen Content, but that East Side Servers and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, East Side Servers and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by East Side Servers or submitted to East Side Servers.You acknowledge, consent and agree that East Side Servers may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of East Side Servers, its users and the public.You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by East Side Servers and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States.8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICEEast Side Servers does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant East Side Servers the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to photos, graphics, audio or video you submit or make available for inclusion on all publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or East Side Servers removes such Content from the Service.

"Publicly accessible" areas of the Service are those areas of the East Side Servers network of properties that are intended by East Side Servers to be available to the general public. 9. INDEMNITY You agree to indemnify and hold East Side Servers, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.10. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that East Side Servers may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on East Side Servers's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that East Side Servers has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that East Side Servers reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that East Side Servers reserves the right to modify these general practices and limits from time to time.12. MODIFICATIONS TO SERVICE East Side Servers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that East Side Servers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.13. TERMINATION You agree that East Side Servers may, under certain circumstances and without prior notice, immediately terminate your East Side Servers account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your East Side Servers account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in East Side Servers's sole discretion and that East Side Servers shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EAST SIDE SERVERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EAST SIDE SERVERS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO EMAILS, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EAST SIDE SERVERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT EAST SIDE SERVERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EAST SIDE SERVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.19. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.21. NO THIRD PARTY BENEFICIARIESYou agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.22. NOTICE East Side Servers may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.23. TRADEMARK INFORMATION Trademarks and service marks and other East Side Servers logos and product and service names are trademarks of East Side Servers , LLC. (the "East Side Servers Marks"). Without East Side Servers's prior permission, you agree not to display or use in any manner, the East Side Servers Marks.24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENTEast Side Servers respects the intellectual property of others, and we ask our users to do the same. East Side Servers may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact East Side Servers immediately.25. GENERAL INFORMATION Entire Agreement. The TOS constitute the entire agreement between you and East Side Servers and govern your use of the Service, superceding any prior agreements between you and East Side Servers. Choice of Law and Forum. The TOS and the relationship between you and East Side Servers shall be governed by the laws of the State of Rhode Island without regard to its conflict of law provisions. Waiver and Severability of Terms. The failure of East Side Servers to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in the TOS are for convenience only and have no legal or contractual effect.26. AddendumEast Side Servers – DisclaimerEast Side Servers does not accept responsibility for mail delivery, either at the local system or from the internet. Webmail users e-mail folders and files are not warranted as protected or backed up and are the responsibility of the user to backup up daily if needed.East Side Servers is not liable for any losses either written or implied related to any downtime of East Side Servers servers. This includes but is not limited to E-Mail Services, Web Services, Shopping & Cart Services, Security Services, and Chat Client Services.East Side Servers will provide official notices of events, updates or scheduled downtime 24 hours prior. Rebooting the East Side Servers.com network can take place at anytime without prior notifications, this reboot process has been timed as of 01-23-07 as less than 2 minutes. 28. Client proposals are as written and at the complete discretion of ESS/1G, may be withdrawn at any time during the negotiation including and up to time of signature or read agreement. Any verbal discussion of any work is not to be held liable for loss through miscommunication. Verbal discussions and agreements are not subject to any legal recourse. Only 'final copy' written proposals are used to set guidelines and expectations for any project whatsoever. Any miscommunication between any and all parties resulting in unforseen expenses or time lost shall not be the responsibility of ESS/1G. In no way will ESS/1G be held accountable for any loss resulting from anything, at anytime, anywhere. ESS/1G reserves all rights to the legal maximum. Client assumes any and all costs contributed to lack of communication by any party. East Side Servers Services Web hosting Apache 1.3 & Apache 2.0 are provided to host website pages. Mail / POP ; Secure mechanisms for retrieving your mail from a remote client.WebMail; East Side Servers WebMail allows users to access their e-mail from a browser anywhere in the world. No liability will be assumed by ESS for any failure of systems, software, or otherwise to meet expectations or complete a request. Database Service; MySql & PHP provide enterprise level database hosting tool services. All sites, applications, projects, and any work of any kind by ESS/1G is limited to the extent of the stated manufacturers capacity of the tools used in development. 29. All proposals and quotes for work of any kind are not required to meet the expectations of anyone not present at meetings or not having direct input in the develpment process. ESS is released from any liability for failed expectations of any member of client company which has not been met, involved in meetings with ESS, or communicated with personally regardless of their position. ESS is not responsible for expectations not conveyed by any means including error, assumptions, or miscommunication of any kind between client company personnel. This clause protects ESS from having to meet expectations not communicated, or not communicated clearly between client company personnel of which have specific expectations of the project yet have not been closely involved. 30. Hosting costs may vary according to several factors including but not limited to, bandwidth usage, mail usage, database and shopping cart related transfers, payment processing functions, and file transfers. 31. ESS is not responsible for domain name registration or renewal of any site, this is the responsibility of the client for any and all notifications of the domain name.

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