WARRANTY DISCLAIMERS:

For legal reasons we disclaim any warranties, expressed or implied with respect to the service including (but not limited to) implied warranties of merchantability and fitness for a particular purpose or which otherwise arise from trade usage or course of dealing.

Cheapesthosting.com (Xcellweb) does not warrant or represent the accuracy or quality of information obtained through the Service. Cheapesthosting.com (Xcellweb) is not responsible for any loss of data from delays, non-deliveries, misdeliveries, or service interruptions, whether caused by the service provider's negligence or customer's errors and/or omissions or due to any other cause.

As a condition precedent to obtaining any customer rights under the terms of this agreement, customer specifically agrees that no claims shall be made by customer against Cheapesthosting.com (Xcellweb) arising from the content of messages published by any other Cheapesthosting.com (Xcellweb) customer or other third party. Any claims between Cheapesthosting.com (Xcellweb) customers, including but not limited to requests for depublication or retraction, shall be resolved between the customers themselves without Cheapesthosting.com's (Xcellweb) involvement.

It is prohibited to post advertisements to USENET groups that do not explicitly allow advertising in their charter or otherwise. It is prohibited to send unsolicited electronic mail messages.

CUSTOMER'S LIABILITY:

This service may only be used for lawful purposes. You are prohibited from transmitting via the service any unlawful or otherwise harmful material nor shall any information or materials be transmitted in violation of any local, state, or federal regulation(s) or applicable international covenant or treaty. You agree to comply with all federal, state, local and foreign laws and regulations, as applicable.

Without limiting the foregoing, you are prohibited from sending or receiving information which infringes on a third party's intellectual property rights, threatening, obscene or offensive material to the extent prohibited by the Telecommunications Act Of 1996, material protected by trade secret, fraudulent credit card information, fraudulent computer information, and data which enables breach of firewalls or other forms of unauthorized access to protected files. The use of the service to transmitcertain kinds of information (including without limitation, computer software and other technical data) in violation of export control laws and other regulations of the United States, whether that information is received abroad or by foreign nationals within the United States is also prohibited.

You agree to indemnify and hold harmless Cheapesthosting.com (Xcellweb) from any claims resulting from customer's use of this service that results in claims by a third party or a violation of law. Such indemnification shall include reimbursement of all Cheapesthosting.com's (Xcellweb) costs and legal fees incurred in connection therewith.

In the event that Cheapesthosting.com (Xcellweb) determines that inappropriate usage of this account warrants immediate termination, reasonable efforts will be made to inform customer in writing of this action but Cheapesthosting.com (Xcellweb) shall take such further steps as required by law or court order.

Cheapesthosting.com (Xcellweb) reserves the right to delete or limited access to any material at our sole discretion, should such material come to Cheapesthosting.com's (Xcellweb) attention. In such cases, Cheapesthosting.com (Xcellweb) shall attempt to notify customer within 24 hours of such action.

Notwithstanding the foregoing, Customer acknowledges and agrees that Cheapesthosting.com's (Xcellweb) customer and practice is to not monitor, review, limit, censor or control content transmitted on the service. Customer further acknowledges and agrees that it is practically and technically not feasible for Cheapesthosting.com (Xcellweb) to attempt to do so to any degree.

Nothing in this agreement shall be deemed to imply that Cheapesthosting.com (Xcellweb) can or will monitor, review, limit censor or otherwise control content transmitted or stored on the service.

Customer shall be solely liable for the content transmitted or stored.

Customer warrants and represents that all information published by customer via the service is either owned by customer or that customer has obtained the requisite licenses granting customer permission to electronically publish the material.

Notwithstanding these warranties, Cheapesthosting.com (Xcellweb) disclaims any liability for actual or alleged infringement of copyright, patent, trademark or other intellectual property rights of third parties resulting from customer's use of the service.

LIMITATION ON LIABILITY:

In no event shall Cheapesthosting.com (Xcellweb) be liable for any damages whatsoever, whether based on contract, warranty, or other legal or equitable grounds (including, without limitation, damages for loss of profits, business interruption, loss of information, loss of data, cost of procurement of substitute goods or other pecuniary loss) arising out of your use or your inability to use the service, even if Cheapesthosting.com (Xcellweb) has been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement, in no event shall Cheapesthosting.com's (Xcellweb) liability arising out of, or relating to this Agreement, exceed the amount paid to Cheapesthosting.com (Xcellweb).

FINANCIAL OBLIGATIONS:

Customer agrees to pay all charges incurred through access of your account. Payment is due upon receipt of Cheapesthosting.com's (Xcellweb) invoice. Accounts are in default if payment is not received within 15 days after date of invoice. If your payment is returned to us unpaid your account will be deemed to be in default and you will be charged a returned check charge of $10 in addition to interest and penalties as further provided herein.

Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the due charge. Only an email with customer confirmation request to terminate your service relieves you of your obligation to pay the incurring charges

TERMINATION OF SERVICE:

Customer may cancel Service at any time by providing an email notice to Cheapesthosting.com (Xcellweb) with confirmation return receipt. Such notice shall be deemed effective within one (1) day of receipt.

Cheapesthosting.com (Xcellweb) may terminate this agreement at anytime without further notice due to customer's failure to abide by these terms and conditions.

WARNING: YOUR SIGNATURE ON A HARD COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING ON YOU. YOUR USE OF THE SERVICE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A HARD COPY OF THIS AGREEMENT.