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Term of Service

Last Updated 1/1/2005

Easier Web LLC is the owner and operator of easierweb.com, a web application service (Service) providing hosted web site services. Registered subscribers (Subscribers) of easierweb.com use EasierWeb.com to create their own websites online and share their own contents to the rest of Internet. By using the services, Subscriber agrees to the Term of Service stated in this document.

Modifications

Easier Web LLC reserves the right to modify any part of this Agreement at any time in its sole discretion, this includes but is not limited to the bandwidth and storage term, and any EasierWeb.com functionality. Any modification is effective immediately upon posting on this website. If any modification to this Agreement is unacceptable to you, you may immediately terminate the Services by closing your account. However, if you do not terminate the Services, or continue to use the Services following modification to this Agreement, your continued use will mean that you have accepted that modification.

Disclaimer of Warranties

Easier Web LLC Disclaims All Warranties. The Service is provided to you "AS IS" without warranty of any kind. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Easier Web LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND Easier Web LLC'S PERFORMANCE OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NONINFRINGEMENT. Easier Web LLC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.

Limited Liability

Easier Web LLC's Liability to You is Limited. You understand and acknowledge that the Service may contain errors, design flaws, or other problems, and that use of the Service may result in unpredictable damage or loss to you, including without limitation unexpected results or loss of data. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Easier Web LLC BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE ERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY Easier Web LLC. This imitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. Without limiting the foregoing, in no event will Easier Web LLC aggregate liability to you relating to or arising out of this Agreement, whether in contract, tort or otherwise, exceed the total amounts paid by you to Easier Web LLC for your use of the Service as set forth herein.

Service Limitations

While there are no specific usage limits for accounts, the service is designed for small business, organizational or personal purposes. Easier Web LLC retains the right to suspend an account if the activity level on that account is such that it negatively impacts the operation of the service as a whole. In the event that this does occur, Easier Web LLC will offer reasonable options such as an upgrade to an higher cost account on a dedicated server.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

Entirety of Agreement

These Terms of Service constitute the entire agreement between Easier Web LLC and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.


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