Earthbound Companies Web site hosting

IF YOU HAVE FOUND A SITE THAT IS IN BREACH OF EARTHBOUND COMPANIES TERMS OF SERVICE, PLEASE LET US KNOW IMMEDIATELY BY CONTACTING US HERE EARTHBOUND COMPANIES,LLC IS ONLY AFFILIATED WITH WEBSITES THAT HAVE BEEN APPROVED BY E.B.C., AND BEARING OUR LOGO ON THEIR PAGE.

TERMS OF SERVICE

This Agreement, is made and entered by Earthbound Companies,LLC ("Provider"), and you, ("User"). Intending to be bound in accordance with the terms hereof, the parties agrees as follows: A. Payment for Service 1.User agrees to pay the charges identified on order request on or before the first day of the anniversary of account setup each month following execution of this agreement, together with any additional charges, costs or assessments made by Provider under the terms hereof. 2.User agrees that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including court costs and reasonable attorney fees shall be added as principal amounts to such balance. 3.User agrees to pay a $35 processing fee for any returned checks or declined credit cards, for whatever reason, and agrees they may be electronically reprocessed. B. Use of Service 1.User agrees to maintain its site in a manner consistent with any and all applicable laws, regulations, acceptable uses and standards in effect, or which become in effect, during the term hereof. 2.User agrees to practice common courtesy in its use of the site, and to refrain from using any distribution lists for electronic mail or other techniques for unsolicited mass mailing. C. Service Disclaimers 1.Provider will take all steps reasonable, necessary and prudent to protect against failure of its equipment and software. User acknowledges and agrees that temporary interruptions in service may occur, and that Provider shall have no liability to User for any claim, cost, charge, loss or expense arising from or relating to use of the website. 2.User acknowledges and agrees that data may be lost or corrupted in connection with use of the website. User is responsible for the backing up of all data stored on Provider's equipment. Provider is not responsible for loss to User's data. 3.Provider reserves the right to alter the access procedure and its vendor relations without notice to, or authority from the User. 4.Provider reserves the right to change prices and/or account features without prior notice. D. Term and Termination 1.This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If User does not notify Provider of cancellation request at least 7 days in advance of date of execution, the User will be responsible for the payment due for the next equivalent period. 2.Provider reserves the right to terminate this agreement, and to delete the website from its hardware, immediately upon the occurrence of any of the following events: a.Non payment of any charges due from User. b.Breach of any term or condition of this agreement by User. c.Commencement of any lawsuit or proceeding against User arising from or relating to its use of the website, whether or not such suit names Provider as a party or seeks and recovery from Provider. E. Indemnification of Provider/Relationship of Parties 1.User agrees to indemnify and hold Provider harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to User's website provided hereunder. 2.Nothing contained herein shall be deemed to create a relationship between the Provider and User in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Provider has no interaction with the data or substance of User's website, except as necessary to maintain the website. F. Security/Software 1.User agrees to take all steps reasonable, necessary, and prudent to protect User's login id and password. 2.User agrees not to attempt to undermine or cause harm to any server or customer of Provider. 3.User acknowledges that Provider cannot provide technical support for any software and/or script that the User installs, other than variable name changes. 4.User acknowledges that Provider cannot provide technical support for Microsoft FrontPage, other that initial configuration. G. Content 1.The Provider believes in freedom of speech. As long as the User's content does not break any Federal, State, or local laws it will be allowed to exist on the User's website. 2.User is responsible for any content they place on their web site, or any content they allow via anonymous ftp. 3.If the User wishes to have an adult oriented site, or a site dealing with hacking and "warez", the User must place a disclaimer on the Users main page stating that User's views and content no way reflect the views or beliefs of the Provider, and the Provider is not responsible for anything on the User's pages and/or anonymous ftp. 4.Although the Provider will never sell the personal information of the User, the Provider will fully cooperate will all law enforcement if a User has suspected of having broken Federal, State, or local law. 5.The Provider reserves the right to remove any page(s) at any time.. H. Commercial Advertising - Email: 1.Spamming (the sending of unsolicited email or messages) is STRICTLY prohibited. 2.User will be billed $150.00 cleanup fee for each instance of spam that gets reported to the Provider. 3.None of the following will be tolerated and are considered a violation of above spam policy: The sending of any unsolicited email mentioning an email address for any domain hosted by the Provider. The sending of any unsolicited email mentioning a domain hosted by the Provider. The sending of any unsolicited email mentioning an IP address hosted by the Provider. The posting of references to adult sites to non-adult newsgroups. The posting of advertisements on IRC, ICQ, or any other public chat system. The cross-posting of the same message to multiple newsgroups. 4.Provider will be the sole arbiter as to what constitutes a violation of this provision. I. Scope of Agreement 1.This agreement must be honored by all sub domains, domains and dedicated servers of the Provider. Violation of any terms or conditions is grounds for immediate account deactivation, with no refunds given. We reserve the right to remove any account without prior notice.