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ANY service the customer accepts / utilizes / pays for from ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK , the customer acknowledges and accepts the agreements below.

 

ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK Online Agreement

THIS AGREEMENT is made and entered into between
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK located at 1887 N. 200 W. Greenfield, IN 46140, hereinafter referred to as ("ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK") and you, the Customer ("Customer" or "You"), who wish to use the below-described Service(s) of ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK in accordance with this Agreement, to include ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and its various policies, which are located below. You and ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK are collectively referred to in this Agreement as the "parties."

NOW, THEREFORE, in consideration of the foregoing premises and of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows:

1. DEFINITIONS:

2. "Agreement" shall refer to the complete and entire understanding between the parties, exclusively represented by the totality of the following documents: this instrument, which you are now reading; the
ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK request for Web space and Services; ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK. Billing and Procedures Policy (BP). The term "Agreement" shall not refer to any statement, supposition, or understanding not recorded in writing in the above-listed documents.
 

A: WARRANTIES and LIMITATION OF LIABILITY: With respect to the Services to be provided hereunder, Customer understands and acknowledges that , ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. Customer further agrees that ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK shall not be liable to Customer for any claims, damages, or loss of profit which may be suffered by Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the Services provided hereunder, including, but not limited to, losses or damages resulting from loss of data due to delays, non-deliveries, or Service interruptions. The utilization of any data or information received by Customer from use of the Services to be provided by ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK is at Customer's sole and absolute risk. ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of such data or information.

B: All set-up and Initial Term fees are non-refundable, in whole or in part, even if Customer's Web hosting or any other Service account shall be suspended, cancelled, or transferred prior to the end of Customer's then-current term. Any termination or cancellation by ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK or Customer shall not relieve Customer of the obligation to pay all fees accrued prior to such termination or cancellation.

C: DEFAULT; ACCELERATION; AND WAIVER OF NOTICE: Should Customer fail to pay Customer's bill as required by this Agreement, or should Customer otherwise breach this Agreement, ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK may declare Customer in default and require Customer to pay the entire debt immediately and without prior notice. Further, in the event of default, ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK may act, in its sole discretion, as Customer's Attorney-in-Fact to execute actions or proceedings in connection with this Agreement, including, but not limited to, selling or otherwise disclosing Customer data and/or the Registered Name registration.

D: INDEMNIFICATION: Customer shall indemnify and hold harmless ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs, and expenses that may be initiated against ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK officers, directors, and employees for any Service provided to Customer by ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK, to include Web space content that violates any copyright, trademark, or service mark; any proprietary right of any person or entity; any state and/or federal laws or regulations; or contains any defamatory matter.

E: Warranty Disclaimer. YOU ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT OR UNITED ONLINE WEB SERVICE’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT IN PARTICULAR.

F: Limitation of HostMonster’s Liability. ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT BE LIABLE UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF YOUR ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL HENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT LIABILITY TO YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU OR ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK and ENTERNET SOLUTIONS and/or DANIEL OTT LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

G: IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting its ability to enter into this Agreement for the person or entity herein named as a party hereto. By calling, writing or e-mailing and authorizing and submitting credit card information whether verbally or electronically  and where applicable using a IP address captured and logged by ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK (or by placing a recorded telephonic order with an ENTERNET SOLUTIONS and/or DANIEL OTT and THE EDGE BROADCASTING NETWORK representative from a valid telephone number ), Customer agrees to all the terms and conditions of this Agreement.

 

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