For purposes of this this agreement EwerksHost-ISP.com, EwerksHost.com, EwerksHost.net and Ewerks-DOMAINS.com shall herein be referred to and known as EWERKSHOST ISP (EwerksHost Internet Service Provider)

EWERKSHOST ISP Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what EWERKSHOST ISP expects of them while using the service. All users of EWERKSHOST ISP Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP (Acceptable Use Policy) and our TOS (Terms of Service), additionally defined and referenced as TAC (Terms and Conditions).

IMPORTANT NOTICE: *All Payments To EWERKSHOST ISP EwerksHost.com - EwerksHost.net -
EWERKS-DOMAINS.com for Domain Registration(s) and Dedicated Servers Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. EWERKSHOST ISP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your EWERKSHOST ISP account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of EWERKSHOST ISP Acceptable Use Policy. The following are guidelines for the establishment and enforcement of EWERKSHOST ISP AUP:

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

EWERKSHOST ISP intends to provide its customers access to everything the Internet has to offer. While EWERKSHOST ISP is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both EWERKSHOST ISP and the Internet and cannot be permitted under the guise of free speech. The resources of EWERKSHOST ISP and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which EWERKSHOST ISP.Com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a EWERKSHOST ISP account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@EwerksHost-isp.com.

VIOLATIONS OF EWERKSHOST ISP ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

1. Illegal use: EWERKSHOST ISP services may not be used for illegal purposes, or in support of illegal activities. EWERKSHOST ISP reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
   
2. Harm to minors: Use of EWERKSHOST ISP service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, child pedophiliac material (pedo hard pics).
   
3. Threats: Use of EWERKSHOST ISP service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
   
4. Harassment: Use of EWERKSHOST ISP service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
   
5. Fraudulent activity: Use of EWERKSHOST ISP service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
   
6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
   
7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of EWERKSHOST ISP service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending EWERKSHOST ISP account.
   
   IMPORTANT NOTICE:
   Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/domain immediately removed from our network. The server/domain will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material/domains immediately upon reconnection and agree to allow us access to the server/domain to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/domain guilty of a second violation WILL be immediately and permanently removed from our network without notice.
   
8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending EWERKSHOST ISP account.
   
9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through EWERKSHOST ISP service is in violation of this AUP.
   
10. Usenet SPAMing: EWERKSHOST ISP has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
    
11. Unauthorized access: Use of EWERKSHOST ISP service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of EWERKSHOST ISP or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending EWERKSHOST ISP account is subject to immediate termination.
    
12. Copyright or trademark infringement: Use of EWERKSHOST ISP service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
    
13. Collection of personal data: Use of EWERKSHOST ISP service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
    
14. Network disruptions and unfriendly activity: Use of EWERKSHOST ISP service for any activity which affects the ability of other people or systems to use EWERKSHOST ISP Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another EWERKSHOST and/or individual's computer system will result in immediate account termination. EWERKSHOST ISP will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
    
15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
    
16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
    
17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
    
18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using EWERKSHOST ISP services could result in suspension service.
    
19. Third Party Accountability: EWERKSHOST ISP subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
    
20. Violation Of EWERKSHOST ISP Virtual Accounts: It is absolutely forbidden to host unlawful content or IRC servers on Virtual Hosting Accounts. Virtual hosting accounts found hosting this material will be subject to immediate cancellation without refund.
    

21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers/hosting found to be connecting to or part of these networks will be immediately removed from our network without notice. The server/hosting will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server/member guilty of a second violation will result in immediate account termination.

22. Adult Content: We support Freedom of Speech and allow lawful adult content. We do not allow any content related to or links to (beastiality), (child pornogragraphy) and or (hate related groups or sites promoting violence, intolerance or destruction in any manner or form) any violation will be grounds for immediate suspension of your account. EWERKSHOST ISP does not monitor client sites however, if reported to us as a violation EWERKSHOST ISP will be the sole arbiter as to what constitutes a violation of this provision. Additionally, we also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable.

23. Banned Scripts :
    The following scripts are banned from use on our shared and reseller hosting and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

    IRC egg drops
    Proxy servers
    Mail bombers
    Anonymous mailers
    IP spoofers
    Port scanners
    nph-proxy
    UBB (Ultimate Bulletin Board, all versions)
    Ikonboard, Yabb (all versions)
    lstmrge.cgi
    

TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments To EWERKSHOST ISP EwerksHost.com - EwerksHost.net EWERKS-DOMAINS.com for Domain Registration(s) and Dedicated Servers Are Non-Refundable*

EWERKSHOST ISP ("EWERKSHOST ISP") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of EWERKSHOST ISP Service constitutes acceptance and agreement to EWERKSHOST ISP AUP as well as EWERKSHOST ISP TOS (Terms of Service) and TAC (Terms and Conditions).

All provisions of this contract are subject to the TOS (Terms of Service) of EWERKSHOST ISP and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the EWERKSHOST. Subscriber understands that change to the AUP by the EWERKSHOST shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of California, county of Los Angeles applicable to contracts enforceable in that state. Venue will be Los Angeles County, Los Angeles, California

1. Disclosure to Law Enforcement:

   The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the EWERKSHOST may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition EWERKSHOST ISP shall have the right to terminate all service set forth in this Agreement.

2. Service Rates:

   Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the EWERKSHOST may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon EWERKSHOST achieving and maintaining its cost of service goals including but not limited to rates charged to EWERKSHOST by its suppliers.

3. Payment:

   Establishment of this service is dependent upon receipt by the EWERKSHOST of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by EWERKSHOST ISP.

4. Payments and Fees:

   Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by EWERKSHOST ISP may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the EWERKSHOST a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund Policy and Disputes:

   All payments for Domain Registration and Dedicated Servers to EWERKSHOST ISP are nonrefundable. This includes any one time setup fee and subsequent charges regardless of usage. You may cancel your account at any time (15) fifteen business days before your monthly billing date, and you will not be billed for the next month.
   
   * 30 day Money back guarantee pertains to new accounts and begins upon activation.
   To receive a refund we must receive a written notice of cancellation no later than (28) twenty-eight days from activation or (2) two days prior to the next months billing. SEE CANCELLATIONS below for procedure.
   
   ** SEMI-ANNUALLY and YEARLY ACCOUNTS * Personal Starter account is not eligible for a Refund.
   If you are paying annually for web site hosting services, we will issue a pro-rata refund for months not used if recieved before (60) sixty days of service for Semi-Annual and (60) sixty days of service has expired for Yearly accounts.
   NO Refunds will be approved for accounts in service for more than (60) sixty days of service for Semi-Annual and (60) sixty days of service has expired for Yearly accounts from the date and time the account was activated and the original transaction was settled. There is a Cancellation fee of $50.00 which will be deducted from the refund.
   ALL refunds requested after the (60) sixty days period for Semi-Annual and (60) sixty day period for Yearly accounts will be rejected.
   We do not offer any kind of "money back" guarantee after (60) sixty days of service for Semi-Annual and (60) sixty days of service has expired for Yearly assigned hosting service.
   
   Any overcharges or billing disputes must be reported to our billing department and payment processors within (60) sixty days of the time the dispute occurred.

6. Failure to Pay:

   The EWERKSHOST may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Paypal Subscription Cancellations: If you subscribed to our hosting plan with Paypal payments and if we get notice from PayPal regarding your subscription cancellation, we have full right to suspend your hosting account till the subscription is reinstated. EWERKSHOST ISP.com do not host websites with cancelled subscriptions.
   

7. ACCOUNT CANCELLATION:

   Requests for canceling accounts must be made in writing or email with, at least, 5 business days notice before your next billing. Or you may fax the cancellation request to 1-818-206-4855 with the information listed here: Click Here or Send Email to: cancel-account@ewerkshost-isp.com
   Include your Domain Name and contact information for verification.
   EWERKSHOST ISP preferred method of cancellation is via the helpdesk by selecting Cancel Account: http://helpdesk.ewerkshost-isp.com 
   
   You must have all account information to cancel. We do not cancel accounts via our Live chat, helpdesk or any other way due to security reasons besides the ones listed above.
   Non-usage of hosting account, account inactivity or if you moved to another host, phone requests will not constitute acceptance of any cancellation. For information on refunds please see the heading "Refund Policy and Disputes".

8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the EWERKSHOST and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the EWERKSHOST shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the EWERKSHOST. Subscriber further acknowledges that the EWERKSHOST's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the EWERKSHOST be liable for any special or consequential damages, loss or injury.

9. Transfer of Domains Registrar:

   New webhosting accounts which involve the transfer of a domain from another provider /registrar to EWERKSHOST ISP.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by EWERKSHOST ISP.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

10. SPAM and Unsolicited Commercial Email (UCE):

    EWERKSHOST ISP takes a ZERO TOLERANCE approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of EWERKSHOST ISP may not use or permit others to use our network to transact in UCE. Customers of EWERKSHOST ISP may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service (without refund). Plus any and all legal costs, fees or fines that may arise from such a violation.
    

    1. Violation of EWERKSHOST ISP SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, EWERKSHOST ISP will initiate an immediate investigation (within 48 hours of notification). During the investigation, EWERKSHOST ISP may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, EWERKSHOST ISP may, at its sole discretion, restrict, suspend or terminate customer's account. Further, EWERKSHOST ISP reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. EWERKSHOST ISP will notify law enforcement officials if the violation is believed to be a criminal offense.

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that EWERKSHOST ISP personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

    3. As our Customers are ultimately responsible for the actions of their clients over EWERKSHOST ISP network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

    
    IMPORTANT NOTICE:
    anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/hosting account immediately removed from our network. The server/hosting account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/hosting account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
    
    

11. Network
    
    1. Bandwidth and Disk Usage:

       Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). EWERKSHOST ISP will monitor Customer's bandwidth and disk usage. EWERKSHOST ISP shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in EWERKSHOST ISP sole and absolute discretion. If EWERKSHOST ISP takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, EWERKSHOST ISP may, at its sole discretion, collect a deposit, in an amount determined by EWERKSHOST ISP, against customer's credit card on file with EWERKSHOST ISP.

    2. System and Network Security:

       Users are prohibited from violating or attempting to violate the security of EWERKSHOST ISP Network. Violations of system or network security may result in civil or criminal liability. EWERKSHOST ISP will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
       

       1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
          
       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
          
       3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
          
       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
          
       5. Taking any action in order to obtain services to which such User is not entitled.
    
    
12. Notification of Violation:
    

    1. EWERKSHOST ISP is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

    2. First violation: Any User, which EWERKSHOST ISP determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at EWERKSHOST ISP discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

    3. Second Violation:

       Users that EWERKSHOST ISP determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

13. Suspension of Service or Cancellation:

    EWERKSHOST ISP reserves the right to suspend network access to any customer if in the judgment of EWERKSHOST ISP network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which EWERKSHOST ISP chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

14. EWERKSHOST ISP reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of EWERKSHOST ISP must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

15. Indemnification: EWERKSHOST ISP wishes to emphasize and clarify that in agreeing to EWERKSHOST ISP Acceptable Use Policy (AUP), Terms of Service (ToS) and Terms and Conditions (TAC), and or by creating a hosting account and accessing that account the customer (hosting account holder) has agreed to be bound by all terms and conditions defined in the before referenced agreements. The customer (hosting account holder) by accepting the terms and conditions indemnifies and holds harmless EWERKSHOST ISP for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to EWERKSHOST ISP or by the bringing of any claim, action or litigation against EWERKSHOST ISP by any third-party.
    If EWERKSHOST ISP is sued and or a claim or action is filed because of a customer (hosting account holder) or a customer's customer (hosting account holder's customer or client) or a customer of a customer's customer (hosting account holder's customer's or client's customer or client) activity, the customer (hosting account holder) shall and will indemnify and hold harmless EWERKSHOST ISP, it's owners, providers, vendors, agents, affiliates, partners, management, employees, customers or clients and or any other individual(s) related to or concerned with the operations of EWERKSHOST ISP and shall and will pay all damages awarded against EWERKSHOST ISP, plus all costs and attorney's fees related to such an action.
    Furthermore, if EWERKSHOST ISP is sued and or a claim or action is filed because of a customer (hosting account holder) or a customer's customer (hosting account holder's customer or client) or a customer of a customer's customer (hosting account holder's customer's or clients customer) activity, the customer (hosting account holder) shall and will indemnify and hold harmless EWERKSHOST ISP, it's owners, providers, vendors, agents, affiliates, partners, management, employees, customers or clients and or any other individual(s) related to or concerned with the operations of EWERKSHOST ISP and shall and will pay all costs related to any such claim, action or litigation plus all attorney's fees from a successful defense by EWERKSHOST ISP against any claim(s), action(s) or litigation(s).
    Additionally, if EWERKSHOST ISP is sued and or a claim or action is filed, and EWERKSHOST ISP has to retain legal council for the purposes of defense from a customer (hosting account holder) or a customer's customer (hosting account holder's customer or client) or a customer of a customer's customer (hosting account holder's customer's or clients customer) activity, the customer (hosting account holder) shall and will indemnify and hold harmless EWERKSHOST ISP, it's owners, providers, vendors, agents, affiliates, partners, management, employees, customers or clients and or any other individual(s) related to or concerned with the operations of EWERKSHOST ISP and shall and will pay all costs related to any such claim or action, even in the event that litigation does not result, plus all reasonable attorney's fees from such claim(s) and or action(s).
    
    
16. LIMITATION OF LIABILITY:
    EWERKSHOST ISP shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from EWERKSHOST ISP servers going off-line or being unavailable for any reason whatsoever. Furthermore, EWERKSHOST ISP shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of EWERKSHOST ISP servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@EwerksHost.com. All complaints will be investigated promptly.
    
    
17. Miscellaneous Provisions:

    You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
    

    1. A waiver by the EWERKSHOST ISP of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the EWERKSHOST ISP. We may assign Agreement at anytime without consent from or notice to Subscriber. EWERKSHOST ISP reserves right to cancel customers rights under this contract at anytime without further obligation.

    3. EWERKSHOST ISP takes no responsibility for any material input by others and not posted to EWERKSHOST ISP Network by EWERKSHOST ISP. EWERKSHOST ISP is not responsible for the content of any other websites linked to EWERKSHOST ISP Network; links are provided as Internet navigation tools only. EWERKSHOST ISP disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

    4. EWERKSHOST ISP is not responsible for any damages your business may suffer. EWERKSHOST ISP does not make implied or written warranties for any of our services. EWERKSHOST ISP denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by EWERKSHOST ISP.

    5. It is absolutely forbidden to host unlawful, and otherwise described in this AUP agreement, content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

18. Responsibility for Content:

    You, as EWERKSHOST ISP customer, are solely responsible for the content stored on and served by your EWERKSHOST ISP server.