You agree to indemnify and hold eBusinessWebhosting.com, rebranders, cobranders, and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to
(i) your breach of this Agreement;
(ii) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your site and/or to eBusinessWebhosting.com and/or its affiliates;
(iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and
(iv) your negligence or violation or alleged violations of any rights of another.
These obligations will survive any termination of your relationship with eBusinessWebhosting.com or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of eBusinessWebhosting.com and/or its suppliers, affiliates, partners, subsidiaries and employees.
Indemnification by Customer
You will defend, indemnify and hold eBusinessWebhosting.com harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against eBusinessWebhosting.com that arises directly or indirectly from you or your end-users, or the content of such end-user’s web site, contrary to the provisions of this Agreement, including claims based on representations, warranties, or misrepresentations made by you, provided that eBusinessWebhosting.com promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defense and all related settlement negotiations.
You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by eBusinessWebhosting.com’s failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EBUSINESSWEBHOSTING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EBUSINESSWEBHOSTING.COM 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.
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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EBUSINESSWEBHOSTING.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability
IN NO EVENT SHALL EBUSINESSWEBHOSTING.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF EBUSINESSWEBHOSTING.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
(A) THE USE OR INABILITY TO USE THE SERVICE,
(B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, '
(C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE,
(D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
(E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL EBUSINESSWEBHOSTING.COM'S AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO EBUSINESSWEBHOSTING.COM UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither eBusinessWebhosting.com nor its suppliers is responsible for any of your data residing on the Service or eBusinessWebhosting.com's suppliers' hardware.
You are responsible for backing-up your data and information that may reside on the Service or eBusinessWebhosting.com's suppliers' hardware, whether or not such information is produced through the use of the Service.
It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
Governing Law
These Terms are governed by the laws of the United States of America and are applicable therein. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in the State of California and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
Dispute Resolution
Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in San Berncardino County, California under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules.
The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against eBusinessWebhosting.com must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, eBusinessWebhosting.com may apply to any court of competent jurisdiction
(i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Proprietary Rights to Content or
(ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the State of California, USA. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in San Bernardino County, California and further agree that any such action or proceeding shall be brought in a court in San Bernardino County, California.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
