Version 2.1, latest update: 8/01/03

Acceptance of terms

e-PubSolutions provides its service to you, subject to the following Terms of Service ("TOS"). e-PubSolutions reserves the right to add, delete, or modify any provision of its TOS at any time without notice. You can review the most current version of the TOS at any time on our web site at http://www.e-pubsolutions.com/.

Service

e-PubSolutions currently provides an all-inclusive solution for small business and organisations to build, host and maintain their websites. Any new features that e-PubSolution decide to add to its service in the future shall be subject to the TOS.

You are responsible for obtaining access to the Service such as Internet service provider. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Search Engine Submission

As part of its service, e-PubSolutions sometimes provides submission of Web site information to search engines that do not require a fee for the submission. e-PubSolutions does not provides submission to search engines that require a fee.

Registration Obligations

You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete, this includes, but is not limited to, payment informations. If you provide any information that is untrue, inaccurate, not current or incomplete, e-PubSolutions has the right to suspend or terminate your account.

e-PubSolutions Privacy Policy

Pursuant to e-PubSolutions' privacy policy, we may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. For more information, please see our full privacy policy at http://www.e-pubsolutions.com/.

Customer Responsabilities

You understand that all information on your Web site, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not e-PubSolutions, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. e-PubSolutions does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content

e-PubSolutions as part of its service might provide copywriting for your Web site or edit the text of your Web site.
You understand that even in that case, you, and not e-PubSolutions, are entirely responsible for all Content. Under no circumstances will e-PubSolutions be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge and agree that e-PubSolutions may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of e-PubSolutions, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge that e-PubSolutions does not pre-screen Content, but that e-PubSolutions and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, e-PubSolutions and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Illegal Use

e-PubSolutions servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.
You agree to not use the Service to transmit, store or distribute any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes; transmit,store or distribute any material 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;
You agree not to collect or store personal data about other users, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote 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;

International Customers

You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnity

You agree to indemnify and hold e-PubSolutions, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by e-PubSolutions, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Use and Storage

You acknowledge that e-PubSolutions may establish general practices and limits concerning use of the Service. Currently, each Web site has 200MB of disk space. You agree not to access the Service by any means other than through the interface that is provided by e-PubSolutions for use in accessing the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. E-PUBSOLUTIONS 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.
(b) E-PUBSOLUTIONS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM E-PUBSOLUTIONS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT E-PUBSOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF E-PUBSOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE LAST TWO SECTIONS MAY NOT APPLY TO YOU.

NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

GENERAL INFORMATION

The TOS constitute the entire agreement between you and e-PubSolutions and govern your use of the Service, superceding any prior agreements between you and e-PubSolutions (including, but not limited to, any prior versions of the TOS). The TOS and the relationship between you and e-PubSolutions shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and e-PubSolutions agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Chesterfield, Virginia. The failure of e-PubSolutions to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

Customer Account, Password and Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify e-PubSolutions of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. e-PubSolutions cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Web Site Content Backup

You understand that in case of hardware failure, some or all information about your Web site might be lost. This is despite e-PubSolutions effort to regularly backup the content of your Web site.
e-PubSolutions cannot and will not be liable for any loss or damage arising from the lost of information.

Browser Compatibility

e-PubSolutions uses the latest technology to build your web sites. Many features are made available to you thanks to the latest technology. Our objectif at e-PubSolutions is to design web standard compliant web site, as defined by the Worl Wide Web Consortium. Not all web browsers are web standard compliant such that the rendering of your web site might be different when viewed with different web browsers. It is expected that as the different browsers become more and more web standard compliant, the rendering of your web site will be more and more uniform. Also, e-PubSolutions might deliver your web site content to older browser in a format different than the one you intended in order to increase readability of the content.

Adult Content

Adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Software Distribution

e-PubSolutions' web hosting accounts are not configured for the purposes of distributing software and/or multimedia products.

Copyright Violations

If you would like to notify e-PubSolutions of an infringement of your copyright:

Send your notification to e-PubSolutions:

Email to abuse@e-pubsolutions.com

Fax to E-PubSolutions, Attention: Abuse at (804) 639-6539

Include in your notification the following information: physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"); identification of the copyrighted work(s) claimed to have been infringed; Identification of the material claimed to infringe the copyright(s), and enough information for e-PubSolutions to locate it; the Claimant's name, address, and telephone number(s); a statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent; a statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Actions Taken by e-PubSolutions:

The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. e-PubSolutions will be the sole arbiter as to what constitutes a violation of the Terms of Use. e-PubSolutions reserves the right to remove any account without prior notice.
When e-PubSolutions becomes aware of an alleged violation of its Terms of Use, e-PubSolutions will initiate an investigation. During the investigation, e-PubSolutions may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, e-PubSolutions may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, e-PubSolutions will notify the appropriate law enforcement authorities of such violation.

e-PubSolutions is a DBA of Sodexis, Inc., VA.