EVANSTONHOST, INC. (EvanstonHost) USE POLICY AND TERMS OF SERVICE

By accepting service from EvanstonHost I represent that I have read and understand the following and I agree to be bound by all the terms and conditions of this Use Policy and Terms of Service.

General Terms

EvanstonHost reserves the right to change this Use Policy and Terms of Service at any time. EvanstonHost will post any such changes on this site. To the extent not prohibited by law, EvanstonHost may decline to provide service or product for any reason or no reason.

Terms of Payment and Refunds

Full payment, including for renewals, is required before we render any hosting service. For the first 30 days of service, payment is due via credit card or debit card before the first day that service commences. Your credit card or debit card will be billed for each subsequent 30 day period on the first day of such 30 day period. Billing will continue until your hosting account is canceled. If we have not received your full payment by the due date, EvanstonHost may suspend your account until payment is received in full. Payment must be in US Dollars. EvanstonHost reserves the right to change prices at any time. You will receive no credits or refunds for unused hosting time, prepaid or otherwise. If you prepay for servces and services are cancelled there wil lbe no refunds issued.

Hosting Account Cancellation

You may cancel your account upon written notice. To cancel your account, please contact Customer Service at support@evanstonhost.com. You must forward your initial welcome email as confirmation of your identity. To avoid your being charged for the next 30 day period, we must receive your cancellation notice at least 5 business days prior to the next billing date. Your account will not be considered cancelled until you have received a secure email confirmation from EvanstonHost that the account has been cancelled. If you have not received an email confirmation of account cancellation, then the account remains active, and you will continue to be charged.

Notwithstanding the foregoing to the contrary, for users of dedicated servers or VPS hosting services, notification of account cancellation must be received at least 30 business days prior to the next billing date and such notification must be accompanied by payment for the final month of service.

DISCLAIMER OF WARRANTIES.

You agree to use all EvanstonHost services and facilities at your own risk. EVANSTONHOST EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EVANSTONHOST SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE HOSTING SERVICE, TELECOMMUNICATIONS SYSTEMS OR THE INTERNET, THIRD PARTY SUBCONTRACTORS, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND. IN NO EVENT SHALL EVANSTONHOST BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, BUSINESS OR PROFITS OR COSTS OF COVER) ARISING OUT OF OR IN CONNECTION WITH HOSTING SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.>

Indemnification

To the maximum extent allowed by law, you agree to defend, indemnify, save and hold EvanstonHost harmless from any and all claims, demands, liabilities, damages, judgments, orders, decrees, actions, proceedings, fines, penalties, costs and expenses, including, without limitation, court costs and attorneys’ fees, asserted against or incurred by EvanstonHost, its agents, customers, officers, employees, and contractors arising or resulting from your actions and/or inactions in using an EvanstonHost service (or product), including but not limited to any of the following:

(i) Service provided or performed or agreed to be performed or any product sold or agreed to be sold by you or your agents, employees, contractors or assigns;

(ii) Any material supplied by you that infringes or allegedly infringes on the proprietary rights of a third party;

(iii) Infringement of intellectual property rights or copyright infringement;

(iv) Any defective products sold to you from EvanstonHost's server;

(v) Any other injury to persons or property.

Server Abuse

Due to the shared nature of the server, a domain's overuse may harm other domains using the same server. If we determine that your site is abusing the server by overusing the server's resources, we may need to suspend your domain immediately without notice.

SPAM Policy

You and your domain users are prohibited from sending spam, or any unsolicited commercial email, over the EvanstonHost network, or over any other network if the message sent advertises or mentions a site hosted on the EvanstonHost server. The following is also prohibited:

(i) Cross-posting messages to a large number of Usenet groups;

(ii) Posting obscene or threatening messages while using or referring to an EvanstonHost email address or web site URL;

(iii) The use of EvanstonHost servers as a mail drop for responses to any prohibited activities.

We may terminate your services without notice if you violate this provision. If your account is cancelled due to spam or other violations of this provision, you will be billed a "clean up" fee of $500.

If you have any complaints or comments regarding spam on our network, please direct them via email to support@evanstonhost.com.

Content and Use Policy

All services provided by EvanstonHost may be used for lawful and proper purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Federal, State or municipal law or regulation is prohibited.

Pornography and sex-related merchandising is prohibited on all EvanstonHost servers. This includes sites that may imply sexual content, or links to adult content elsewhere.

Also prohibited are sites that promote illegal activity or present content that may be damaging to EvanstonHost servers or any other server on the internet. Non-exclusive examples include pirated software, hacker programs or archives, warez sites. Links to such materials are also prohibited.

Any illegal or improper activity, including intellectual property violations, adult content, links to adult content web sites, or hacking, may result in your site being shut down.

Any attempt to cause damage to EvanstonHost or any other internet servers may result in immediate account deactivation without notice.

EvanstonHost will not host sites of its competitors or web pages promoting or linking to sites of its competitors.

Email Policy

You may not use EvanstonHost as the source, intermediary, or destination address for the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. A mass email is any email message sent to more than 25 email addresses or more than 10 news groups.

Scripts Policy

EvanstonHost is not responsible for scripts that you use in your hosting. You will be held responsible for any issues that may arise from their use or abuse. We may take any action, including suspending your domain, necessary to prevent an unsecure script from causing harm to the server or to other EvanstonHost customers.

EvanstonHost will not provide support technicians to fix your scripts or third party scripts you use on sites hosted on our servers.

EvanstonHost may disable or delete any script that interferes with normal server operation or service to other EvanstonHost customers.

Traffic Policy

You are discouraged from storing any files that cause traffic on EvanstonHost servers in excess of 2000MB per month. We will monitor the traffic on your account and reserve the right to automatically upgrade your account to the next plan level when bandwidth is exceeded during the month. You can monitor your traffic at any time in your cPanel Control Manager. The disk and traffic usage information shown for your account will be updated once per day after midnight.

Backups

Full backups are made nightly. EvanstonHost makes no representations or warranties about, and disclaims any responsibility for, the integrity of these backups. Backups are made for server restoration purposes only. It is your responsibility to maintain local copies of your web content.

Backup manager software is included in each hosting plan and you can use this tool to back up your files. If data loss occurs, at your request EvanstonHost will attempt to recover the data from the most recent archive for a fee of $85.00 per hour, which fee is subject to change without notice.

Support

It is your responsibility to have a good working knowledge of all operational and design elements that you wish to incorporate into your site(s). EvanstonHost will not provide support staff to teach you how to use these features of your site.

Abuse toward any EvanstonHost employee or staff member is prohibited. If you use foul language, threaten us, or engage in any other offensive behavior, we may suspend and/or cancel your account without notice.

Violations

Notwithstanding anything to the contrary set forth in this Use Policy and Terms of Service, EvanstonHost, in its sole discretion, will determine what constitutes a violation of this Use Policy and Terms of Service, and the remedies and notice requirements for the violation.

Choice of Law and Forum

Any lawsuit arising from or relating to this Use Policy and Terms of Service, or arising from and/or relating to the providing of service or any product by EvanstonHost, shall be brought and maintained in the Circuit Court of Cook County, Illinois and/or the Eastern Division of the United States District Court for the Northern District of Illinois. Illinois law shall govern the substance of any such lawsuit. If EvanstonHost prevails in the prosecution and/or defense of any lawsuit arising from and/or relating to this Use Policy and Terms of Service, and/or arising from or relating to the EvanstonHost providing of service or any product to you, then you will pay to EvanstonHost all reasonable attorneys fees and expenses incurred by EvanstonHost in EvanstonHost's successful defense and/or prosecution of that lawsuit.

Entire Agreement; Non-reliance

This Use Policy and Terms of Service constitutes the entire agreement between you and EvanstonHost. All previous representations and statements have been merged into this Use Policy and Terms of Service. There are no oral or implied understandings. You are not relying on any representation of EvanstonHost, unless that representation is expressly contained in this written Use Policy and Terms of Service.

Paragraph Headings

Paragraph headings are for convenience only, and do not limit the language of this Use Policy and Terms of Service.