Terms of Agreement; Modifications
Accurate Information
Privacy
Account Security
No Unlawful Conduct or Improper Use
No Spam; Liquidated Damages
Intellectual Property
Fees and Payment
Representations and Warranties
Limitation of Liability
Disclaimer of Warranties
Indemnification
Governing Law, Venue; Waiver of Trial by Jury
Notices
HeadingS
Entire Agreeement
Severability
Waiver
Force Majeure
Survival
No Third Party Beneficiaries
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8. FEES AND PAYMENT
As consideration for the Software or Services purchased by You and provided to You by Harbor East Hosting Solutions, You agree to pay Harbor East Hosting Solutions at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Harbor East Hosting Solutions expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing a valid credit card.

If You signed up for a monthly (or longer) payment plan, Harbor East Hosting Solutions will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Harbor East Hosting Solutions , at Harbor East Hosting Solutions then current rates.

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package You purchase. Should Your account pass the allocated amount Harbor East Hosting Solutions reserves the right to suspend Your account until the start of the next allocation, suspend Your account until more bandwidth is purchased at an additional fee, suspend Your account until You upgrade to a higher level package, terminate Your account and/or charge You an additional fee for the overage. Unused bandwidth in one month cannot be transferred to the next month.

If for any reason Harbor East Hosting Solutions is unable to charge Your Payment Method for the full amount owed Harbor East Hosting Solutions for the Services provided, or if Harbor East Hosting Solutions is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Harbor East Hosting Solutions may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Harbor East Hosting Solutions is unable to charge Your credit card with the full amount of the Services provided, or if Harbor East Hosting Solutions is charged back for any fee it previously charged to the credit card You provided, You agree that Harbor East Hosting Solutions may pursue all available remedies in order to obtain payment. You agree that among the remedies Harbor East Hosting Solutions may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. Harbor East Hosting Solutions reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Control Panel.

You agree that You are solely liable for arranging that Your Services are renewed, and that Harbor East Hosting Solutions shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.

9. REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

Harbor East Hosting Solutions expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Harbor East Hosting Solutions , as well as its affiliates, subsidiaries, officers, directors and employees. Harbor East Hosting Solutions also reserves the right to freeze a domain name during resolution of a dispute.

10. LIMITATION OF LIABILITY
IN NO EVENT SHALL HARBOR EAST HOSTING SOLUTIONS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF HARBOR EAST HOSTING SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Harbor East Hosting Solutions liability is limited to the full extent permitted by law. You agree that in no event shall Harbor East Hosting Solutions maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Harbor East Hosting Solutions.

11. DISCLAIMER OF WARRANTIES
Harbor East Hosting Solutions expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. Harbor East Hosting Solutions makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Harbor East Hosting Solutions does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.

12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Harbor East Hosting Solutions and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Harbor East Hosting Solutions whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Harbor East Hosting Solutions or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Harbor East Hosting Solutions harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Harbor East Hosting Solutions be notified of a pending law suit, or receive notice of the filing of a law suit, Harbor East Hosting Solutions may seek a written confirmation from You concerning Your obligation to indemnify Harbor East Hosting Solutions. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Harbor East Hosting Solutions shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Harbor East Hosting Solutions of any such claim promptly in writing and to allow Harbor East Hosting Solutions to control the proceedings. You agree to cooperate fully with Harbor East Hosting Solutions during such proceedings.

You agree to cooperate fully with Harbor East Hosting Solutions during such proceedings. 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 also agree that if Harbor East Hosting Solutions is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding an account of Yours with Harbor East Hosting Solutions , that Harbor East Hosting Solutions , in its sole discretion, may take whatever action Harbor East Hosting Solutions deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

13. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into in the State of Maryland. You agree that the laws and judicial decisions of Baltimore City shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Baltimore, Maryland. For the adjudication of disputes concerning the use of any domain name registered with Harbor East Hosting Solutions, You agree to submit to jurisdiction and venue in the U.S. District Court for the District of Maryland located in Baltimore, Maryland.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

14. NOTICES
You agree that all notices (except for notices concerning breach of this Agreement) from Harbor East Hosting Solutions to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Harbor East Hosting Solutions. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Harbor East Hosting Solutions shall be made either by email, sent to the address provided on the Harbor East Hosting Solutions Web site, or first class mail to Harbor East Hosting Solutions address at:

Harbor East Hosting Solutions , 506 S Central Ave Baltimore, Maryland 21202

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