TERMS OF SERVICE: ESPER HOSTING, INC.

1. OVERVIEW

This is an agreement between Esper Hosting, Inc. (hereafter "The Cooperative") and an individual or business (hereafter "The Member") applying for services provided by The Cooperative.

The Cooperative, for the agreed upon fee, agrees to provide the promised services in accordance with this agreement. The Member agrees to pay for services in the agreed upon amount in accordance with this agreement.


2. SERVICE CHARGES, PAYMENTS, AND CANCELLATIONS

The Member agrees to pay for services and server rental charges in advance of each monthly term. The Member agrees to a no refund policy of setup fees and monthly service fees.

Service charges will start the day The Member has been given login information to server and are pro-rated for the remainder of the month. A full month of service from The Cooperative runs from the 16th day of one month to the 15th day of the following month.

Payments are due by the 1st day of the month preceding the day when the services are designated to begin. The Cooperative reserves the right to disconnect The Member’s services if The Member fails to make timely payment for the services. The Cooperative reserves the right to charge a reconnection fee for services disconnected by The Cooperative or by The Member.

The Member is aware of the amount of network transfer included with the services and agrees to pay additional fees for usage above the included amount.

The Member agrees to inform The Cooperative no later than two weeks in advance of intent to cancel services provided by The Cooperative. The Member agrees that fees for the month in which services are terminated will not be refunded, and The Cooperative agrees that and fees for months following the termination of service will be refunded.


3. LIMITATIONS OF LIABILITY & TERMINATION

The Member agrees that The Cooperative is not liable for losses resulting from data loss or lapse in services and is not responsible for data recovery, and that The Cooperative is not responsible for data on services that have been disconnected by The Member or by The Cooperative.

The Member agrees that other resources are shared by all members of The Cooperative and that The Cooperative reserves the right to limit, temporarily terminate, or permanently terminate the services of The Member if The Member overuses or abuses said resources. The Member also agrees that The Cooperative reserves the right to cancel services at any time if The Member’s misuse of resources such that it is not consistent with law, The Cooperative’s member community, or the well-being of The Cooperative, or if The Member is violating the Acceptable Use Policy or Terms of Service. The Cooperative will be the sole arbiter of what constitutes misuse of resources or a violation of these policies.


4. INDEMNIFICATION

The Member agrees to indemnify and hold harmless The Cooperative and its employees, affiliates, and suppliers from and against any claims, actions, demands, losses and damages, including attorney's fees, relating to any violation of this agreement by The Member, its end users, or other users, or the placement or transmission of any message, information, software or other materials on the internet by The Member or end users. The Member will reimburse The Cooperative for all legal expenses, including any fees incurred in connection with investigating, defending or settling any claim. This indemnification shall survive the termination of this agreement.

The Cooperative shall not be liable for any losses or damages resulting from the use or misuse of The Cooperative’s resources and/or services by any party.