Violations of the Terms Of Service may constitute immediate removal of your web site from our server. In every case, we will make efforts to notify you of the violation prior to any actions taking place.

100% Risk-Free Satisfaction-Guaranteed Hosting:
We want you to be as confident in purchasing our service as we are in providing it. If you have any problems with your service we will do everything we can to resolve it and make you a satisfied customer. If for any reason you wish to get your money back during the first 30 days of service, we will refund it - no questions asked.

Domain name registrations cannot be cancelled and therefore they cannot be refunded but the domain is yours to keep as a consolation prize as long as the account was kept up to date.

Disclosure and Use of Information
We do not sell or distribute client information to marketers or other companies.

EZ2ba.com will not release any information regarding our customers (excepting that which is public knowledge, such as the WHOIS database) to any third party. EZ2ba.com will take reasonable precautions to protect the information it obtains from you from loss, misuse, unauthorized access or disclosure or use, or alteration or destruction of that information. EZ2ba.com will have no liability to you or any third party to the extent such reasonable precautions are taken.

Exception: EZ2BA.COM Inc. and GraphiComm Inc., reserve the right, but undertake no obligation, to monitor all content and activity on our server and to disclose and report illegal, fraudulent, suspicious or prohibited activity to law enforcement and governmental authorities and to any persons or entities who could potentially be harmed by this activity. Such reporting may include any customer information and content.

Electronic Mail Acceptable Use Policy
Unsolicited Bulk Email (UBE popularly known as "spam")

Without exception, we decry the practice of mass-mailing unwanted email solicitations of any type, regardless of content, and we will do everything within our power to reduce the flood of this type of traffic across the Internet.

EZ2ba.com may, at its sole discretion, immediately terminate your account if your conduct fails to conform with these terms and conditions with no obligation to refund fees paid. You agree that EZ2ba.com shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of electronic mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

Email Disk Space Storage
Accounts are given a generous amount of disk space that is shared among your website, email, configuration and system files. Clearly the server has storage capacity but that primary purpose of the disk space allowed is for your website. We strongly recommend that you download your email to a program on your computer regularly and that you set up limits on each email box (using the Mail Manager tool). In order to prevent abuse, the following guidelines have been established. Email stored for over 3 months on the server may be deleted by our system without notice and will not be recoverable. If the aggregate of your email and webmail disk usage exceeds 25% of the total disk space or 250 megs of disk space on your account you may be required to reduce the amount of email stored on the account if it is found to adversely effect the performance of the web-server or network.

Communications with our clients
As part of this hosting agreement, we will need to communicate via email from time to time for such things as invoices, payment notification, support, and product or service announcements. Our policy is to keep these communications to a minimum and only send communications that will benefit our clients. You agree to accept such communications and to keep your contact information up to date using the update forms provided in your Command Center or this form for secure account updates: http://ez2ba.com/billing.

Electronic Mail
EZ2ba.com's electronic mail service provides you with the capability to send and receive electronic mail via the Internet.

EZ2ba.com has set no fixed upper limit on the number of messages you may send or receive through its electronic mail service; however, the storage space associated with your electronic mail account is regulated by the Disk Quota associated with your account. EZ2ba.com will, in our sole discretion, determine whether or not your conduct is consistent with (i) this Agreement, (ii) any EZ2ba.com operating rules or policies.

Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge may be incurred based on system resources used and operational maintenance needed.

Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

Account Email Address
Notifications, correspondences and important information is sent to the main e-mail address for the account which can be verified under “Account At A Glance Section” of your Command Center. It is the responsibility of the user/client to keep this e-mail address current and to check it regularly.

Renewals
Accounts are automatically renewed. You will have fifteen (15) days prior to renewal to cancel your account via email. Your notice should contain your domain name, user name, and password or last 4 digits of your credit card for verification purposes. If we do not receive a notice to cancel the renewal of your domain name and/or account, we will charge the account accordingly. If you have chosen to pay by credit card we will automatically debit that card. If you have chosen to pay by check, your payment is due when the notice is sent out.

Should a renewal fee go unpaid, we will not turn over assets of the account until the account balance is paid. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration/account, you are responsible to contact us to update this information using the tools provided in your Command Center.

Cancellations
Each account is automatically renewed for an additional term upon your contract due date and the account balance is then debited from your account. If you paying by credit card the amount due is automatically charged to your card and if the transaction is declined on your due date, a $0.50 fee may be applied against your current balance for each declined charge due to the late payment on your account. If at anytime you wish to cancel service you must notify us in writing via this cancellation form, or email, orfax or postal delivery with the following information a minimum of 48 hours prior to cancellation: account domain name, user name, and password (so we can verify that you are authorized to closed the account) along with the time frame in which you want the account closed. We would also appreciate any feedback on why you wish to cancel your account. Cancelling your hosting account does not remove any charges due to us for domain renewals unless you notify us of your desire to cancel the account fifteen (15) days prior to the renewal date. Cancellation of your hosting account is your sole responsibility. There is no cancellation fee or penalty for terminating a hosting account. However, if you cancel your account after billing has occurred there is no refund for the remaining time unused.

Prohibited Conduct
You agree that the following is a non-exclusive list of actions and User web sites that are not permitted:

1. the uploading, posting or otherwise transmitting of any User web sites that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. the impersonation any person or entity, including, but not limited to, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
3. the uploading, posting or other transmittal of any content that you do not have a right to transmit 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);
4. the uploading, posting or other transmittal any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. the uploading, posting or other transmittal of any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
6. the uploading, posting or other transmittal of any content 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;
7. intentionally or unintentionally violating 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;
8. promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
9. exporting software or technical information in violation of U.S. export control laws;
10. attempting to access the accounts of others, or attempting to penetrate security measures of EZ2ba.com or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
11. sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of EZ2ba.com's service, EZ2ba.com's equipment or any EZ2ba.com electronic mail address;

Changes to this Agreement or to Additional Rules or Policies
You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that EZ2ba.com may modify this Agreement, as well as any additional rules or policies that are or may be published by EZ2ba.com, as necessary to comply with EZ2ba.com's ICANN agreement, or with any other agreements that EZ2ba.com is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of your account and any domain name registered through EZ2ba.com shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by EZ2ba.com, each with the new modifications. If you do not agree to any of such changes, you may request that your account be cancelled. Cancellations are accepted in writing only. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by EZ2ba.com.

Account Registration, Administration and Renewal Services
The information you are obligated to provide and keep current in connection with your use of EZ2ba.com's hosting and domain registration services is the following:

Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder); Your current and valid email address; Your credit card informatiion (for accounts that pay by credit card). If you do not provide the new required information, the registration may not be renewed.

Domain Name Registration, Administration, and Renewal Services

.com, .net, and .org Registrations and Renewals
EZ2ba.com uses an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org Top Level Domains (TLDs). ICANN oversees the .com, .net and .org global top level domains ("gTLDs"). All clients are bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all .com, .net and .org domain name registrations or renewals. (Click here for a current copy of the UDRP.)

No Guarantee of Registration or Renewal
You acknowledge and agree that EZ2ba.com cannot guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since EZ2ba.com cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that EZ2ba.com may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that EZ2ba.com is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.

Fees
As consideration for EZ2ba.com's domain name registration, administration, and renewal services, you agree to pay EZ2ba.com, upon submission of your domain name application, renewal application, or registrar transfer application to EZ2ba.com, the then-current fees set forth in the EZ2ba.com price schedule for such services. All registration, transfer, and renewal fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. EZ2ba.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by EZ2ba.com in its sole discretion).

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to EZ2ba.com as the entity that has paid the registration, renewal, or transfer fee for that registration to the registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee, currently set at $75.

Forfeiture of Domains

Domain names which ez2ba.com registers on your behalf are considered abandoned and forfieted after a term of 10-days after the web hosting account is closed for whatever reason. Thereafter ownership of abandoned domain names become that of ez2ba.com which may or may not renew the domain at it's option.

Miscellaneous

CALIFORNIA BILL NUMBER: SB 1386
http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_1386&sess=PREV&house=B&site=sen
This bill seeks to prevent identity theft by requiring notification of security breaches involving California residents' personal information. ez2ba.com seeks to protect all our clients from security breaches and therefore applies organizational best practices throughout our business process. Should a breach occur that qualifies for disclosure we will post notification on our web site at within a reasonable amount of time upon authorization by law enforcement to do so.

Limitation of Liability
EZ2ba.com, EZ2B, Inc. and/or its employees, officers, owners, agents, heirs, executors, members, attorneys, administrators, personal representatives and assigns shall not be liable for special, economic, or consequential damages of any kind arising directly or indirectly from customer's use, purchase, licensing, and activity of any kind in connection with the EZ2ba.com services or products. In all events, EZ2ba.com Inc.'s and GraphiComm Inc., and their employee's, officers, owners, agents, heirs, executors, members, attorneys, administrators, personal representatives and assigns liability shall be limited to any sums paid to EZ2B, L.L.C by customer for account services during the previous one year period.

System Performance
You acknowledge that EZ2ba.com depends upon computer systems that are responsive to the demands of the Internet. Occasionally, EZ2ba.com's computer system is subjected to exceptional volumes of communicaitons or third party products or services failure that may result in some degradation of EZ2ba.com's system processing and response time. EZ2ba.com will make every reasonable effort within it’s power to resolve and reestablish communications within a reasonable amount of time.

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