This Agreement ("Agreement") is by and between Harbor East Hosting Solutions (" Harbor East Hosting Solutions ") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Harbor East Hosting Solutions software ("Software") and services ("Services") and explains Harbor East Hosting Solutions obligations to You and Your obligations to Harbor East Hosting Solutions in relation to the Software and Services You purchase.

This Agreement as well as any additional Harbor East Hosting Solutions policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Harbor East Hosting Solutions concerning Your use of Harbor East Hosting Solutions Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All Harbor East Hosting Solutions policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference. By purchasing Harbor East Hosting Solutions Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Harbor East Hosting Solutions may establish from time to time, and any agreements that Harbor East Hosting Solutions is currently bound by or will be bound by in the future.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Harbor East Hosting Solutions, whether or not the transactions were in Your behalf.

You agree that Harbor East Hosting Solutions may modify this Agreement and the Services from time to time. You agree to be bound by any changes Harbor East Hosting Solutions may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Harbor East Hosting Solutions, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, Harbor East Hosting Solutions will not refund any amounts You have paid. You agree that Harbor East Hosting Solutions shall not be bound by any representations made by third parties who You may use to purchase Services from Harbor East Hosting Solution, and that any statement of a general nature, which may be posted on Harbor East Hosting Solutions Web site or contained in Harbor East Hosting Solutions promotional materials, will not bind Harbor East Hosting Solutions. Harbor East Hosting Solutions may, at times, offer certain promotions with different charges and features.

You agree to maintain accurate information by providing updates to Harbor East Hosting Solutions, as needed, while You are using Harbor East Hosting Solutions Services. You agree You will notify Harbor East Hosting Solutions within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Harbor East Hosting Solutions to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that Harbor East Hosting Solutions may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Harbor East Hosting Solutions Privacy Policy. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Harbor East Hosting Solutions has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Harbor East Hosting Solutions has the absolute right, in its sole discretion, to terminate its Services and close Your account.

You can view Harbor East Hosting Solutions Privacy Policy which is incorporated herein by reference, as it is applicable to all Company Software and Services. The Privacy Policy provides Your rights and Company's responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

You agree You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Harbor East Hosting Solutions immediately of any unauthorized use of Your account or any other breach of security. You agree Harbor East Hosting Solutions will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Harbor East Hosting Solutions or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Harbor East Hosting Solutions specifically disclaims liability for any activity in Your account, whether authorized by You or not.

As a condition of Your use of Harbor East Hosting Solutions Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Harbor East Hosting Solutions if, for any reason, Harbor East Hosting Solutions takes corrective action with respect to Your improper or illegal use of its Services.

Harbor East Hosting Solutions reserves the right at all times to disclose any information as Harbor East Hosting Solutions deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Harbor East Hosting Solutions's sole discretion.

If You have purchased Services, Harbor East Hosting Solutions has no obligation to monitor Your use of the Services. Harbor East Hosting Solutions reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Harbor East Hosting Solutions reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

Harbor East Hosting Solutions reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Harbor East Hosting Solutions or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Harbor East Hosting Solutions may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Except as set forth below, Harbor East Hosting Solutions may also cancel Your use of the Services, after thirty (30) days, if You are using the Services in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; activities designed to harm minors in any way; any form of pornography; proxy scripts (or anonymizers); any software that interfaces with an IRC (Internet Relay Chat) network; and warez. Notwithstanding anything to the contrary herein, in the event Harbor East Hosting Solutions cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to Harbor East Hosting Solutions in connection with the Services being canceled. In the event Harbor East Hosting Solutions deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Harbor East Hosting Solutions if, for any reason, Harbor East Hosting Solutions takes corrective action with respect to Your improper or illegal use of its Services.

You agree Harbor East Hosting Solutions may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Harbor East Hosting Solutions liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Harbor East Hosting Solutions 's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of Harbor East Hosting Solutions Anti-spam Policy, available here. Such terms and conditions are applicable to the use of all Harbor East Hosting Solutions Software and Services and are incorporated herein.

You agree that Harbor East Hosting Solutions or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.

You understand and agree that all content and materials contained in this Agreement, other policies, the Harbor East Hosting Solutions Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Harbor East Hosting Solutions or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Harbor East Hosting Solutions or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.