Zoomshare Terms of Service

General Disclaimer

DW Data Inc., d/b/a Zoomshare ("Zoomshare") does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. Zoomshare reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials. THE SERVICE AND THE MATERIALS ARE PROVIDED BY ZOOMSHARE ON AN "AS IS" BASIS, AND ZOOMSHARE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL DW DATA, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.

Zoomshare makes no representations concerning any endeavor to review the content of sites which it hosts, and therefore disclaims responsibility for the accuracy, copyright compliance, legality or decency of material contained in sites which it hosts.

Zoomshare respects the rights (including the intellectual property rights) of others, and users are required to do likewise. Zoomshare may, without notice, and in its sole discretion, terminate the accounts of users that are deemed to infringe or otherwise violate such rights of others or for any other reason.

Although the site and its services are normally available, such services are subject to disruption without notice. Zoomshare retains the right to delete any content for any reason. Zoomshare is not liable for any modification, suspension or discontinuation of the services provided to user or for the loss of any content.

Trademark Information

Zoomshare, DigitalWork, I-Works, TotalWeb, and other Zoomshare logos and product and service names are trademarks of DW Data, Inc.

1. ACCEPTANCE OF TERMS

ZZoomshare provides the Zoomshare service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. Although you may be asked to assent to the terms of this TOS only once (e.g. by registering for a Zoomshare account) continued use of the site is agreement to any such amendment. You can review the most current version of the TOS at any time by bookmarking this page, or visiting:


Please note that other DigitalWork services, outside of Zoomshare, are governed by a different Terms of Service.

2. DESCRIPTION OF SERVICE

Zoomshare currently provides users with access to a rich collection of on-line resources, including personal web page hosting services (the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Zoomshare resources, shall be subject to the TOS. Zoomshare also provides its Registered Users (defined below) with the ability to host a variety of content, including without limitation images and videos (including any audio accompanying the videos) ("Content") that Registered Users own or to which they have the necessary rights ("User Content"), in order to share User Content via the Web on, for example, auction websites such as eBay, classified advertising websites, online journals, blogs, message boards, personal websites, social networking sites, and online photo albums.

Although Zoomshare will normally only delete Content that violates this Agreement, Zoomshare reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Zoomshare in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Zoomshare encourages you to maintain your own backup of your User Content. In other words, Zoomshare is not a backup service. As discussed further in Section 8, Zoomshare will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS

In order to access certain features of the Site and the Services, and to post Content, you must create a Zoomshare account. You may create an account by visiting Zoomshare.com. Once you have created an account, you will be a "Registered User." You may also upgrade to a "PLUS" account by paying a membership fee. Your Zoomshare account is solely for your own personal use and benefit. You are responsible for safeguarding the password that you use to access the Site and Services. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Zoomshare of any unauthorized use of your password. In registering and creating an account, you agree to provide accurate, current and complete information, and to promptly update that information as necessary. Zoomshare will have no liability for failure to deliver notices that result from inaccurate account information.

You are limited to the file size, bandwidth, and storage limitations related to your account level, as described on the account comparison page. Zoomshare reserves the right to disable direct linking on accounts that are using excessive bandwidth or otherwise abusing the system. Zoomshare has the right to change its file size, bandwidth, or storage limitations without notice.

You may terminate your account at any time, for any reason, by following the instructions on the options page. Zoomshare reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including without limitation a breach of any part of this Agreement.

4. YOUR REGISTRATION OBLIGATIONS

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zoomshare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zoomshare has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include certain communications from Zoomshare, such as service announcements, administrative messages and a Zoomshare Newsletter, and that these communications are considered part of Zoomshare membership and you will not be able to opt out of receiving them. In addition, Zoomshare reserves the right to terminate any accounts which have not used any Zoomshare services within the last 90 days.

Users of the Services must be at least 13 years of age. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by Zoomshare. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without the parent or guardian's consent by, for example, misrepresenting his or her age, that parent or guardian should contact us by emailing abuse@zoomshare.com. If Zoomshare determines that it has collected personal information of children under the age of 13, Zoomshare will immediately delete such information and any accounts believed to be held by children under 13.

5. ZOOMSHARE PRIVACY POLICY

Pursuant to Zoomshare's 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 here.

6. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Zoomshare, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Zoomshare does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You agree to not use the Service as follows:

(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Zoomshare official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including, but not limited to pirated computer software, movies, video or audio files.
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) 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;
(o) promote or otherwise transmit adult content which may be illegal in certain regions including, but not limited to prostitution or escort services;
(p) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Zoomshare; or
(q) have more than one Zoomshare address per person.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, 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.

8. CONTENT SUBMITTED TO ZOOMSHARE

Zoomshare does not claim ownership of the Content you place on your Zoomshare Site. By submitting Content to Zoomshare for inclusion on your Zoomshare Site, you grant Zoomshare the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Zoomshare Site on Zoomshare's Internet properties. This license exists only for as long as you continue to be a registered Zoomshare user and shall be terminated at the time your Zoomshare Site is terminated.

You acknowledge that Zoomshare does not pre-screen Content, but that Zoomshare 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, Zoomshare 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.

Zoomshare Copyright and Intellectual Property Policy may be viewed here.

9. INDEMNITY

You agree to defend, indemnify, and hold harmless Zoomshare and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, or your violation of this Agreement. Zoomshare reserves the right, at its own expense, to assume the exclusive defense and control of any such claim otherwise subject to defense by you, in which event you will cooperate with Zoomshare and its counsel, as necessary, in the conduct of such defense.

10. NO 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.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Zoomshare may establish general practices and limits concerning use of the Service, and that these limits may change from time-to-time. Currently, Zoomshare limits daily bandwidth usage to 300 MB per day (9 GB/month) for free sites, and 1.7 GB per day (50 GB/month) for paid sites. Sites which exceed these limits may be subject to suspension.

12. MODIFICATIONS TO SERVICE

Zoomshare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Zoomshare shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION

You agree that Zoomshare, in its sole discretion, may terminate your password, Zoomshare Site, use of the Service or use of any other Zoomshare service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Zoomshare believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Zoomshare may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Zoomshare may immediately deactivate or delete your Zoomshare Site and all related information and files in your Zoomshare Site and/or bar any further access to such files or the Service. Further, you agree that Zoomshare shall not be liable to you or any third-party for any termination of your access to the Service.

14. ADVERTISEMENTS AND PROMOTIONS

Zoomshare runs advertisements and promotions at various locations within the Service. By using the Service, you agree that Zoomshare has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Zoomshare is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Zoomshare shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service as provided herein.

15. LINKS

The Site may contain links to third-party websites or resources. You acknowledge and agree that Zoomshare is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Zoomshare of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. For the terms and conditions governing your use of Partner Sites, refer to the terms of service governing those websites.

16. ZOOMSHARE PROPRIETARY RIGHTS

Zoomshare does not claim any ownership rights in any User Content that you choose to post to the Site. After posting User Content to the Site, you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Site or via the Services, you hereby grant to Zoomshare a nonexclusive, royalty-free, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly display and publicly perform (whether by means of a digital audio transmission or otherwise) and process your User Content, or any part of it, solely on and through the Site and Services, including without limitation (a) adapting the format of your User Content (for example by encoding or transcoding) for suitable display on the Site; and (b) displaying, in Zoomshare's sole discretion, your public User Content in search results generated by the Zoomshare search engine. In addition, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to Zoomshare a nonexclusive, royalty-free, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the Services, including without limitation the printing services offered by Partner Sites. In connection with the above license, you provide your consent for Zoomshare personnel, including Zoomshare contractors and service providers, to view your User Content at any time for the purpose of providing the Services and filtering content that violates this Agreement. You acknowledge that you are solely responsible for all Content you submit to the Site or provide to the Service. You represent that you either own the User Content or have the rights necessary to grant Zoomshare this license.

Your license to Zoomshare with respect to any particular piece of User Content will terminate once you or Zoomshare remove it from the Site.

17. ZOOMSHARE'S LIMITED LICENSE TO YOU

Subject to your compliance with the terms and conditions of this Agreement, Zoomshare grants you a non-transferable, non-sublicensable right to access, view and print public Content, only for your personal, non-commercial use. With the exception of your User Content, you may not distribute any Content to third parties, use any Content commercially (except as may be permitted by a separate license explicitly attached to a particular piece of Content), or otherwise copy, modify, distribute, publicly display or perform any Content (except as such acts may be permitted by a separate license explicitly attached to such Content).

18. 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. ZOOMSHARE 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) ZOOMSHARE 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 ZOOMSHARE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

19. LIMITATION OF LIABILITY

You understand that Content is posted by users and that Zoomshare has only limited control over the Content that is made available via the Site and Services. You understand that by using the Site and Services, you may be exposed to this Content. You acknowledge that Zoomshare will not be liable for (a) Content, including without limitation the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or download of any Content posted, emailed, transmitted, or otherwise made available via the Site or Services; (b) the deletion, failure to store, mis-delivery, or untimely delivery of any information or material; (c) Site unavailability or Service interruptions; or (c) the defamatory, offensive, or illegal conduct of any third party.

IN NO EVENT WILL ZOOMSHARE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY EVEN IF ZOOMSHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL ZOOMSHARE'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE OR ANY SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO ZOOMSHARE. You acknowledge that Zoomshare has set its prices and entered into this Agreement in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of liability of incidental or consequential damages, so the above limitation may not apply to you.

20. 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.

21. COPYRIGHTS

ZZoomshare respects the intellectual property rights of others and we ask our users to do the same.

This Agreement will be governed by and construed in accordance with the laws of the State of Illinois , without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of the Services will be filed only in the federal courts located in the State of Illinois, or state courts located in Cook County, Illinois. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

22. GENERAL INFORMATION

The TOS constitute the entire agreement between you and Zoomshare and govern your use of the Service, superceding any prior agreements between you and Zoomshare or Zoomshare (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Zoomshare services, third-party content or third-party software. The TOS and the relationship between you and Zoomshare shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Zoomshare agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Chicago, Illinois. The failure of Zoomshare 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.

You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. Zoomshare may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of Zoomshare at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. If a court should find that one or more rights or provisions contained in this Agreement are invalid, you agree that the remainder of the Agreement will be enforceable. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement constitutes the complete and exclusive understanding and agreement between you and Zoomshare regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.

If you have any questions or concerns about this Agreement or any issues raised in this Agreement or on the Site, please contact Zoomshare at abuse@zoomshare.com.

23. VIOLATIONS

Please report any violations of the TOS to Zoomshare customer care via email at: abuse@zoomshare.com or in writing via fax to (312)379-5952. We will make every commercially reasonable effort to address any violations as quickly as possible.

24. PREMIUM SERVICES

In the event that Customer orders optional paid Plus Services, the additional Terms in this Section (Section 24) shall apply, and the Terms in this section shall supercede any conflicting Terms in previous Sections. Customers without Premium Services shall not be subject to the Terms in this Section.

24.1 Payment. In consideration for the Services, Customer shall pay to Host the charges and other fees and costs specified in the Order Form completed by Customer for use of the Services. "Order Form" means an electronic or paper form used by Customer to request the Services. If for any reason the billing information provided by Customer becomes invalid and Host cannot collect payment after attempting to contact the Customer, then Host reserves the right to terminate the Services immediately. Accounts that are not collectable by Host after 45 days may be turned over to an outside collection agency for collection. If your account is ever turned over for collection, Customer may incur a "Processing and Collection" fee of up to $50.00. In the event that payment for Services on the Order Form should result in any 3rd party expenses (such as overdraft charges or other banking fees), such expenses shall be the sole obligation of the Customer.

24.2 Host's Obligations and Limited Liabilities. Host shall perform its work hereunder in a workmanlike manner. Host is not responsible nor does Host have any liability for the Customer Content posted on any Customer Web sites. Host shall use commercially reasonable efforts to make the Web site available 24 hours per day, 7 days per week, except for repairs and maintenance. Hosts liability shall be limited to the amount of fees collected in the most recent billing period.

24.3 Customer's Obligations and Representations. Customer represents and warrants that: (a) Customer has not intentionally incorporated and shall not incorporate into the Customer Content, nor will it provide to Host in connection with the Services, any code designed to interrupt normal processing; (b) Customer shall not submit any materials to Host or place any content on the Customer Web sites that shall cause Customer, Host, or any of their affiliates, to be in violation of any present or future law, ordinance, order, rule or requirements of any governments, courts, administrative agencies or similar bodies (the "Regulations") in the United States and elsewhere; (c) Customer shall utilize the Services solely for lawful purposes and in accordance with all applicable Regulations; (d) Customer has obtained all rights and licenses for the manipulation and display of Customer Content on the Customer Web site; (e) Customer shall at all times comply with all applicable Regulations respecting defamatory, obscene, or pornographic materials or communications, or governing the infringement of copyright, trade secret or other proprietary rights, including intellectual property and publication rights, of any third party, or relating to the invasion of privacy of any third party; and (f) Customer's use of the Customer Web site and Services and Customer Content shall conform with Host's Policies and Procedures.

24.4 Effective Date. These Terms of Service are effective as of the Order Date. The Order Date shall be defined as the date on which the order form was submitted by the Customer.

24.5 Term and Termination. These Terms of Service shall remain effective on a month-to-month basis. Either party may cancel at any time for any reason upon providing written notice via e-mail, fax or mail. It may take up to ten (10) business days for Host to terminate the Service upon Customer's request. Host shall not refund any fees upon cancellation. Host may immediately terminate the Service if, in Host's sole discretion, Customer fails to fulfill any of Customer's obligations or representations.

24.7 Pricing. Host will bill Customer for the amount as listed on the Order Form. Host reserves the right to change or modify pricing at anytime in the future with a thirty (30) day prior written notice via e-mail, fax or mail to the Customer. Customer shall retain all rights to terminate the service upon notification of pricing changes.