These terms of service (TOS) are entered into between eActiveNet,Inc., d/b/a eSimpleHosting.com (eSimpleHosting.com, we, us, or our) and the entity purchasing our using services provided by or through eSimpleHosting.com (Customer, you, or your). We agree to be bound by this TOS when we process your payment information. You agree to be bound by this TOS when you submit the contact information set out below. This TOS contains provisions that you are required to apply to your customers (End Users). It is your responsibility to ensure that these provisions are included in contracts and other agreements with your End Users. You are responsible for your End Users under this TOS. If you intend to resell the Services, you must also agree to be bound by our Reseller Agreement.

1. Our other agreements are incorporated into the TOS
This TOS incorporates our Acceptable Use Policy (AUP) and Privacy Policy by reference. To the extent that these agreements conflict, this TOS shall prevail, followed by the AUP and Privacy Policy. In certain cases, you may purchase services from us using another agreement which is also incorporated into this TOS. If that agreement conflicts with this TOS, the terms of that agreement will prevail over the TOS, but only to the extent that the agreements conflict. After that, the agreements will have the precedence set out above.

2. Services we provide to you.

eSimpleHosting.com provides the Service to you based on the description of it on the Product Description Page as of the Effective Date. Should the Product Description Page change subsequent to the Effective Date, eSimpleHosting.com has no obligation to modify the Service to reflect such a change.

Certain aspects of the Service may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the products provided by them and incorporated into the Service. If a third party makes a change to its products, you may not terminate this TOS based on such a change, even if it materially affects the Service.

3. Contact Information
You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the Service. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Service, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.

The entity set out in our records is considered by us to be our customer. If you are reselling the Service, or are an End User of a reseller, it is your obligation to ensure that our records accurately reflect ownership and control of the Service.

4. Term
The "Effective Date" of this TOS will be the day on which you initially provide the contact information set out above.

This TOS will begin on the Effective Date and continue for the term set out on the Product Description Page (Initial Term). After the expiration of the Initial Term, this TOS will renew for successive periods of equal length (Renewal Term). If the Product Description Page does not contain an Initial Term, the Initial Term shall be one month.

5. Payment
You are responsible for the fees and charges set out on the Product Description Page (Fees). You may be charged 2 days prior to the date set out on the Product Description Page (Due Date).

Our obligation to provide the Service is contingent on your payment of the Fees by the Due Date. You must pay the Fees without set off or deduction. It is your responsibility to ensure that we receive payment of the Fees. Should the Service be suspended, for any reason, Fees will continue to accrue. Set up and domain name registration charges are not refundable for any reason.

You may choose to purchase products and services that are not included in the Service but which are offered for sale by other parties through eSimpleHosting.com (Third Party Services). Third Party Services may be billed separately from the Service. Fees for the Third Party Services may not be billed on the month on which they are delivered. You agree to pay for these Third Party Services regardless of the length of time elapsed between their delivery date and the date on which you are charged.

6. Termination
We reserve the right to immediately suspend the Service and/or terminate this TOS: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights, nor will you receive a refund of any Fees. 7. Use of the Services Your use of the Services must be reasonable. You may not place excessive burdens on our CPUs, servers or other resources. You agree that we may place restrictions on your use of the Service, and charge you excess bandwidth fees, to the extent that they exceed the use of the Service of similarly situated customers. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result our need to place restrictions on your use of the Service.

You agree to cooperate with us to facilitate your use of the Service. This cooperation includes, but is not limited to, providing us with correct contact and billing information, designing material that is "server ready" and ensuring that you, your employees and/or agents have sufficient technical expertise to understand how to implement the Service.

We may use information you provide to us for technical support, implementation, operation or administration of the Service (Operational Information). Operational Information, as well as aggregate information gleaned from the operation of our business in general, will be used to improve, or create new products and services. We shall be the exclusive owners of the resulting intellectual property. You waive any rights you may have in this intellectual property, and assign all right, title and interest in it to us and agree to cooperate with us to secure our rights.

You grant eSimpleHosting.com, and any third parties used by eSimpleHosting.com to provide the Service, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Service. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you, your End Users, or your licensors.

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT IN PARAGRAPH 10.1, eSimpleHosting.com HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND TITLE. eSimpleHosting.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. eSimpleHosting.com IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR AN END USER VIA THE SERVICE PROVIDED BY US. eSimpleHosting.com SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY eSimpleHosting.com. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO eSimpleHosting.com SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

8. Limitation of Liability
You agree that eSimpleHosting.com has no liability, whatsoever, for (i) content that you or an End User access from the Internet; (ii) for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on our system; and/or (iii) for your inability to access the publicly switched telephone network.

9. Indemnification
You agree to indemnify, defend and hold harmless eSimpleHosting.com and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Service; (ii) any violation by you of any of eSimpleHosting.com's policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the term "you" as set out in subparagraphs (i) through (iv) include you, End User, visitors to your website, and users of your products or services, the use of which is facilitated by us.